Criticism Of China's Civil Charge Of The System

The institution of civil jurisdictional limits is an important institution which manages the range of action of civil jurisdiction and reflects the orientation of power of civil adjudication. The discussion to the institution of civil jurisdictional limits can not only assure the science and nicety of domination scope but nail down the orientation of power of civil adjudication, so it possess theory sense and practical value. This institution formed in the early days of reform and opening when the system of politic and economy just began to reform, so it was deeply affected by the social situation of judiciary relying on administration and semi-market economy at that time. So, this institution looks forward to the realization of final resolution by jurisdiction but could not shake off the yoke of the classical scientific social ideas. When we have completed the reforms of politic and economy, its abuse emerged step by step which decides the necessity of reformation.In modern society, the orientation of power of civil adjudication should be ministrant,assuring and exoteric which decides the direction of reformation to the institution of civil jurisdictional limits.(1) The structure of modern society is the juxtaposition of country with civil society. The reason why the civil society helps judicatory is to obtain the remedy to its bug from judicatory. For the stabilization of society, the judicatory should have the same value orientation with civil society.(2) The principle of final resolution by judicatory is the need of market economy and the demand of the inner nature of judiciary, judicatory should follow this rule(3) Modern litigious right is beginning to emphasize the side of procedure to provide the better protection to people's right, play an active role in the rights' achievement and birth, which requests civil jurisdiction to widen the range of actionBecause that the jurisdiction limits has abuse in fact, has conflict with the location of modern civil jurisdiction, we should constitute the scientific presidia institution which based on the right of access to justice.