On Justfication Of Grade Jurisdiction System Of Civil Action Of Our Country

This article, probing into the value of jurisdiction system, defines the relationship of procedure justice and protection of right of action and clears up the current concrete establishment of grade jurisdiction system of our country. It states the advantages and disadvantages of the theory of"three-factor"on division of grade jurisdiction, disadvantages of up-transfer and down-transfer of jurisdiction, related issues on turbulence of legislation levels of litigation laws and conflict of judicial interpretation and demonstrates the absence of dissidence trial mechanism of grade jurisdiction and weakness of administrative measures for violation of grade jurisdiction trial, which shows that the grade jurisdiction system of our country is currently in the dangerous position disregarding the right of action of related parties, and which may further lead to disorder and make grade jurisdiction system impracticable.To resolve the above problems, the writer abandons judicial ex officio doctrine and, from the position of right and power, restructures the appraisal standards of rationality of grade jurisdiction system and further establishes the trial mode on start judicial procedure with the right of action of related parties, which guarantees the proper exercise of grade jurisdiction: first, to define the ultimate purpose of establishment of grade jurisdiction is to protect the right of action of related parties, define the division and authority of settlement of civil disputes among the courts at various levels through the means of power check and establish the confirmation standards of grade jurisdiction surrounding the right of action and defense of related parties. Secondly, fix grade jurisdiction in accordance with the functions and characteristics of work division of the court at various levels, establish three-review the final trial system, change the acceptance scope of cases by the court in four levels. The purpose is that the Supreme Court shall not file civil action of the first instance nor the superior courts shall normally file the same. Thirdly, absorb reasonable elements of judicial federalism, consummate the trial procedure of objection of jurisdiction (including objection of grade jurisdiction); establish the technicality of trial of objection of jurisdiction of civil and commercial action and guarantee the independence of trial procedure of objection of jurisdiction. Fourthly, in the aspect of reform and consummation of grade jurisdiction, the down-transfer of jurisdiction of actions shall be seriously restricted and the up-transfer of jurisdiction of civil cases shall be further stipulated. Lastly, the principle of grade jurisdiction that type of the cases. Meanwhile, the"subject matter of action-exercise of right of action"is the method of calculating the amount in dispute.In summary, the writer intends to, through the above reform, continuously consummate grade system of civil action of our country and further defines jurisdiction principles and standards of actions in order to establish open, fair and efficient trial procedures to fully protect the right of action of related parties, further change the situation that the right action of related parties is infringed by judicial right and reach the ultimate purpose of fair of judicial procedures.