On Jurisdiction Application And Perfection, In The Domestic Civil Proceedings

Accompanying extension of litigants'autonomy spirit in civil proceedings, courts respect gradually litigants'basic procedural rights, one of expressive forms is that agreement jurisdiction system is established and applied. However, for all kinds of reasons, this system isn't made use of adequately in domestic civil proceedings. The system isn't a panacea, but no system is absolutely not acceptable. There is no doubt about the establishment of the system. Meanwhile, life is changing, the system is fixed. Therefore, once the system is not established, it needs to continue to be improved. Based on the concept of the main parties, in the spirit of a people-oriented, the use of civil contract theory, dispositive of civil disputes, procedures for the right to choose and the multidimensional nature of civil legal relations, and so on, in this article, an attempt to improve the current system of jurisdiction by agreement, so fully embodies the principle of party autonomy, this will be conducive to the smooth progress of the dispute, a thorough solution.The paper consists of the preamble, the text and conclusions. Text includes four chapters:The first chapter is about jurisdiction of the theoretical basis and the need for agreement. In this chapter, the author introduces the concept of an agreement on jurisdiction and classification; And then there is the theoretical basis of the agreement, the jurisdiction of a profound analysis system. thus the need for the system of four——cover the legal regime governing the use of the limitations that existed at the time, embodies the justice process and be conducive to the smooth progress of the proceedings and to solve disputes.The second chapter is based on the jurisdiction of the status quo agreement and the inadequacy of our jurisdiction agreement. In this chapter the author first introduced the system of the jurisdiction of the status quo agreement, and then to analyze the jurisdiction of our existing agreements, based on certain criteria, there are three that inadequate.——the scope of application is narrower, and the form is more single. The third Chapter is the perfect system on the basis of existing agreements and the jurisdiction of the concrete ways to improve the content. At the outset of this chapter of our existing agreement jurisdiction must have a solid foundation for improving the system, namely, the external environment, thereafter, the author focuses on how the verification of the agreement jurisdiction of the existing system perfect? I.e. that ways and means for improving the system——expand the scope of application of the system, and strengthen the exclusive client agreement.The fourth Chapter is the perfect system for China's agreement on the feasibility and benefits of jurisdiction. In this chapter the author demonstrated that the existing agreements on jurisdiction and the feasibility of improving its system for improving the three major benefits——full protection of the legitimate rights and interests, lay a solid foundation for achieving the our civil proceeding's goal and the perfection is also improve the integrity and logic of the system, therefore, the author point out that the perfection have the direct role in a far-reaching impact.