A Study On The Application Of Jurisdiction System

The civil litigation jurisdiction system,as a basic system,determines the start of the proceedings.The jurisdiction of the court can not only guarantee the parties litigation right, but also be a prerequisite to exercise jurisdiction. The civil procedure law firstly sets up the system of implied agreement jurisdiction in 2012 and the supreme people’s court has issued a judicial interpretation about judicial application of the civil procedure law of the People’s Republic of China in 2015.The interpretation gives the parties the greater disposition, highlights the parties’ subject position in the program and embodies that the transformation of law concept is gradually from the court’ doctrine to the parties’ center in civil litigation.And the system makes the ruling of court in improper jurisdiction to be the examine lax for legitimacy and safeguards judicial authority.This paper, with the method of case, studies application problems of responding jurisdiction system in the pre-trial preparation procedure under the current system of the civil procedure law and puts forward to targeted judicial suggestions.The author claims that the jurisdiction system in our country is still legal jurisdiction mainly and agreement jurisdiction complementary.And responding jurisdiction on its nature belongs to agreement jurisdiction.It differs from traditional agreement jurisdiction,because the parties chose the jurisdiction of the court by the lawsuit behavior.Established in combination with judicial practice, the paper responses to the responding jurisdiction of the conditions of the legal requirement including the subject, specific litigation act and a period for exercising, in order to explore our country litigation jurisdiction system and the civil procedure law related system foundation of conflicts and problems in practice. The paper fully demonstrates that it is feasible to take formly examination mainly and substancely examination secondary in legislative review stage for jurisdiction problems through judicial interpretation technology, and proposes to establish judge’s cohabitancy system to protect the procedural rights of the parties.At the same time,the objection mechanism of jurisdiction must improve four aspects —the burden of proof for the jurisdiction of the court system, punishment mechanism, credit archives,and expanding the scope of the jurisdiction of the court system.Coordinating the relationship among the various systems makes responding jurisdiction play fully legal effect and social effect in the jurisdiction of the system to maintain process stability.