Perfection Of Jurisdiction Relief System

Jurisdiction is a basic of civil procedure.Under legal and appropriate jurisdiction, a case can get a more objective trial and ruling.However, due to complex reasons, the determination of jurisdiction could be very difficult.So the justice of trials and rights of parties encounter serious threats. In this situation,various systems came into being, including designation of jurisdiction, transfer of jurisdiction, discretionary jurisdiction, objection to the jurisdiction and so on. The existing academic research tends to study all the above systems respectively, which wrongly ignores the internal commonness and natural relations among them. Refering to some scholars'views, this dissertation call the above systems as jurisdiction relief collectively. From both the macro and micro aspects, research each specific system separately on the basis of analysing the concept, significance and constitute of jurisdiction relief.Then, bring up my own suggestion on the perfection of jurisdiction relief in a logical sequence of civil suit process.This dissertation is classified into four chapters.The following are major elements of the chapters:Chapterâ… The outline of jurisdiction relief system Firstly, redefine the concept of jurisdiction relief system;Secondly, introduce the significance of jurisdiction relief system from the angle of court, parties and society;Finally, research the basic structure of jurisdiction relief system mainly based on foreign legislation practices.Chapterâ…¡The existing jurisdiction relief system of our country This chapter mainly analyses the present situations and defects of all kinds of specific systems, including designation of jurisdiction, transfer of jurisdiction, discretionary jurisdiction, objection to the jurisdiction and post-sentence jurisdiction relief, to clear the problems which should be solved urgently.Chapterâ…¢Basic theories of perfection of jurisdiction relief system Through the study on the basic theory of jurisdiction relief system, including the value of suit,the jurisdictional problem solving mode, rules of jurisdiction, explore the basic roads and standards which should be followed in perfecting process from a theoretical perspective.Chapterâ…£Perfection of the specific jurisdiction relief systems of China This chapter is the key of this dissertation. Based on the above research, in a logical sequence of civil suit process, through the way of linear narrative, take different relief system to solve various jurisdictional problems at different stages of the proceedings.