The Contractual Jurisdiction Of The Civil Procedure

Jurisdiction is the basic and prerequisite of the civil litigation,it also plays an important role in the protection of the right to appal.To determine the jurisdiction of the case in the judicial practice is more complicated and easy to spark controversy.The contractual jurisdiction system of the civil action can best embody the principle of the autonomy of the parties and the principle of procedural regime governing body.The smooth operation of the contractual jurisdiction directly related to the system.With the development of the society and the emergence of the new cases,the system has been dramatically demonstrated the limitations,and unable to settle the emerging problems.For examples:the uniform of the legislation,the formal requirements are too stringent,the scope of the jurisdiction is narrow and blurred,the courts for the parties are limited,the absence of the implied agreement of the jurisdiction.All those are seriously restricted the contractual jurisdction to play the original value of the system.It's time to make some necessary changes and improvements.This article is divided into four chapters.The first chapter is the basic questions of the contractual jurisdiction. There are four sections: the concepts and classifications,the scope and effectiveness,the theoretical basics,the system's value.The second chapter describes the basics,the history evolution,the current situations,also the development trends for the two legal systems,international treaties.From their respective history evolutions,the current situations,the trends in a perspective of the two legal systems,international treaties.Finally,I give a summary to provide a useful references for the reconstruction.The chapter III describes the history evolution,the current situations of the China's contractual jurisdiction.In this chapter ,the author sorts out the current legislation,and through analyzing the existing problems of the status of the legislation and judicial practice,pointed out the shortcomings and and challenges of this system.The chapter IV is the reconstruction of the system. In this chapter,the author puts forward a sound approach to solve all the problems in the previous.And also describes the feasibility and significances.