A Survey And Consideration Concerned With The System Of Civil Litigation Jurisdiction Limits

With the development of economy, the expansion of"Rule-by-law"and the strengthening of civil right consciousness, claiming for one's own right through courts is becoming a universal atmosphere. In the practice of China's civil adjudication, there is a tendency that civil lawsuits accepted by People's court are expanding in terms of its property, type, characteristics and amount.â‘ However, there is a conflict between this tendency and the system of Civil Litigation Limits, and the civil litigation law scarcely probes into the jurisdiction limits. Therefore, it is very important to explore the system of Civil Litigation Jurisdiction Limits. The following article is devoted to the survey of the condition of legislation and justice of the system of Civil Litigation Jurisdiction Limits, and with this survey, has a further cognition and consideration of improving the system of Civil Litigation Jurisdiction Limits.The article includes two parts: the body and the conclusion. The body consists of five chapters, totally over 28,000 words.Chapter 1: A brief introduction of the system of Civil Litigation Jurisdiction Limits. In this section, the range of Civil Litigation Jurisdiction Limits is stipulated into the range where civil jurisdiction operates, and the Civil Litigation Jurisdiction Limits is compared with the similar concepts.Chapter 2: The survey of Civil Litigation Jurisdiction Limits in legislation and justice systems. This section introduces the relevant rules and practice of these two systems, and analyses their sameness and differences. It is suggested in this article that China should employ the concept"the benefit of litigation"by these two systems, and take this concept as one of the judge standards when disputes involved in litigation.Chapter 3: The condition and existing problems of system of Civil Litigation Jurisdiction Limits in China. In this section, an analysis of the condition of system of Civil Litigation Jurisdiction Limits in terms of legislation and justice attributes to the existing problems. The main problems in legislation include: the standard of law relation is not clear, and the law protection range is narrow; the standard of subject is simplex. Civil jurisdiction, the basis of Civil Litigation Jurisdiction Limits, its operation range is not clear and determined. As a result, the random use of jurisdiction is so serious that it has infringed the party's litigation right. This is the main problem of justice. Further,the system of Civil Litigation Jurisdiction Limits reflects a basic idea in the civil litigation, that is power-oriented, states standards, and the concept of regarding"Rule-by-man"more important than"Rule-by-law",Chapter 4: The theoretical basis of expanding the range of Civil Litigation Jurisdiction Limits. This section searches theoretical basis for expanding this range in terms of the relation between civil litigation and civil substantiation, the purpose of civil litigation, the force of constitutional law, and the status of civil subject, etc.Chapter 5: The improvement of the system of Civil Litigation Jurisdiction Limits. To realize this, a right and scientific concept of disputes should be established, the concept of right standards should be abolished, the party's litigation right should be protected, and the constitutional idea should be constructed. Meanwhile, following the justice final solution principle and taking the benefit of litigation as the standard, help to stipulate the disputes (containing right and duty), which can be adjusted by law, into the range of Civil Litigation Jurisdiction Limits. Besides improving the relevant rules of Civil Litigation Jurisdiction Limits, an abundant ensuring procedure should be provided to the party.This article is based on the practice and refers to the relevant theoretical achievement. The lack of knowledge and ability cause some defects of this article. The teachers'comment on this article is appreciated.