On Consummating The System Of Designated Jurisdiction In Civil Action

Designated jurisdiction of civil litigation means that a superior court designates its lower court to exercise jurisdiction over certain civil suits. Careless legislation and no procedure on designated jurisdiction of civil action result in chaos and various problems in reality in China.Many countries such as Germany, France, U.S., and Austria have made special rules on designation of jurisdiction, which may be used for reference to consummate Chinese relevant system.To perfect the system of designated jurisdiction of civil proceedings should be beneficial to promotion of justice and to elevation of efficiency, should reach relative balance among fairness, efficiency and resources, and should follow the principle of participating procedures, the principle of constant jurisdiction, and the principle of rights restricting powers, with the purpose of that relative legislations are complete and convenient to execution.The following measures may be taken to perfect Chinese system of designated jurisdiction of civil proceedings. Firstly, avoiding improper trial supervision, suits involved designation of jurisdiction should be put into supervision scope of trial proceeding by modern technology means as computers, which should be confined to time limit for trial. Secondly, parties should be entitled to take part in proceedings of designated jurisdiction, to take hearing and to negotiate about some procedures, and the result of above proceedings will take effect only when service by means of an order in writing. Then, the causes of designation should be specialized by means of judicial construction of the Supreme Court in order to limit superior courts'right of discretion. Furthermore, the original pattern of administrative examination and approval should be reformed to the pattern of discussion and decision of collegial panel in a docket department. Finally, parties'remedy procedure should be consummated, parties may apply to the next higher court of a decision court (excluding the Supreme Court) for reviewing an order of designated jurisdiction, the order in writing will not cease execution during the period of review.