The Perfect Of The Civil Domestic Jurisdiction System

Agreement jurisdiction, or "desirable" and "agreement" jurisdiction refer to:in civil and commercial cases, the jurisdiction of the disputes between the parties before or after the occurrence of the dispute according to law consultation or touching their disputes between by which the jurisdiction of the courts of the civil law system. Agreement jurisdiction system has been established in our country civil procedure law of the People's Republic of China promulgated, with the great changes in social life, the appeal of perfect on the agreement jurisdiction system modification is stronger. This paper refers to:firstly, the analysis on the theory base on this agreement jurisdiction system:the agreement jurisdiction system development based on the interaction theory foundation of principle in autonomy and procedural contract. The value of agreement jurisdiction is justice and efficiency.The specific content of our nation's agreement jurisdiction system is:the two parties in the contract who in a written contract agreement, can choose where the defendant has his domicile, where the contract is performed, and where the contract is signed, the domicile, which is subject to the jurisdiction of the people's courts, can not violate on the provisions of exclusive jurisdiction and jurisdiction.. The agreement jurisdiction agreement jurisdiction should be noted:the case,form and the court,etc, which was applied suitable in the agreement.Our agreement jurisdiction system has certain legislative defects:unsuitable legislative system, narrow scope in domestic legislation suitable case, too small selection of the court range. With the changes of China's social environment, agreement jurisdiction system also met some new problems, such as the agreement jurisdiction in jurisdiction and the role in administrative litigation, agreement jurisdiction system application. The resolve of these new problems has important influence on the further development agreement jurisdiction system. Generally speaking, although our agreement jurisdiction system has certain rationality, the present regulation is too simple, abstraction, it is difficult in forming the system, there will encounter obstacles in the complex practice, is unable to meet the social needs. Therefore, we should perfect it on bases of the current agreement jurisdiction system. The perfect on domestic agreement jurisdiction system form as follows:the unification of domestic and provisions of the foreign agreement jurisdiction, expand the scope of cases, perfect the form of agreement jurisdiction agreement jurisdiction, expand the scope of court govern on the agreement jurisdiction.