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Our Country Present Special Region Jurisdiction System's Consummation

Posted on:2009-07-17Degree:MasterType:Thesis
Country:ChinaCandidate:X Y WanFull Text:PDF
GTID:2166360272465048Subject:Law
Abstract/Summary:PDF Full Text Request
The special region jurisdiction system is in the civil proceedings the indispensable indemnificatory procedure, its establishment goal lies in is advantageous participates in the lawsuit and the court trial in the litigant, achieves the lawsuit in order to the economy. When the litigant either the document bystander procedure benefit or the entity benefit receive the violation, is the litigant provides the consummation the jurisdiction rule, guaranteed that maintains the litigant and the document bystander's legitimate rights and interests, is one of civil procedure law important tasks. But because the present legislation still had many flaws to the special region jurisdiction system's stipulation, but also has not served the purpose which by far we must achieve, therefore has value of the research, necessity of the consummation.This article first part introduced the special region jurisdiction's basic theory, namely has analyzed the special region jurisdiction concept, the characteristic first, then analyzes the special region jurisdiction present situation, including in the legislative in flaw and the judicial practice's confusion, latter analyzed has had the above confusion, the flaw reason. How does the second part from establish our country civil action special region jurisdiction system's instruction idea and the principle emphatically, third part of multianalysis current civil special region jurisdiction system's consummation. The author thought that the present special region jurisdiction system has three questions: First, the special region jurisdiction system and does not have other systems in the entire jurisdiction system to be possible to replace with compatible, the innate its existence value and the necessity. Second, between limits general region jurisdiction, special region jurisdiction, exclusive jurisdiction, agreement jurisdiction relations. Third, take the contract jurisdiction's consummation as the turning points, promotes our country civil proceedings option development, then affects our country litigant lawsuit main body status the full establishment, is also is a beneficial attempt. The fourth part in view of our country present special region jurisdiction system in the judicial practice's confusion, proposed that besides the consummation special region jurisdiction rule, we also has the necessity to abuse the jurisdiction option (abuses choice and court abuse of authority including litigant) the behavior to make the essential rules and regulations.
Keywords/Search Tags:The civil special region jurisdiction, flaw, consummation, right abuses the rules and regulations
PDF Full Text Request
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