Chinese Civil Procedure Jurisdiction Of The Critical Discussion System Of Regional

Territorial jurisdiction of civil litigation occupies a very important position in the civil law system , a fair and reasonable Territorial jurisdiction civil litigation is not only conducive to the conduct and impartiality of the smooth , timely treatment, safeguard judicial authority and protection for the parties also have the right to appeal the significance can not be ignored . Although the "PRC Civil Procedure Law" was amended in 2007, but is not involved in the territorial jurisdiction to modify parts. Territorial jurisdiction of the civil system has many drawbacks, an urgent need for change and improvement. Based on this, I chose this as a research paper on the territorial jurisdiction of civil discussion of critical system to identify the system of territorial jurisdiction of the shortcomings of civil litigation, drawing on legislation outside the jurisdiction on the basis of China's civil regional jurisdiction litigation system modification and improvement.This addition to the introduction and conclusion, the text is divided into four parts:First, an overview of civil litigation system of regional jurisdictionThe part of the first study the system of territorial jurisdiction of civil history, civil regional jurisdiction catch the earliest Roman law system, "the draft Law of the Qing civil action" on the territorial jurisdiction of Civil Procedure to make a more detailed system requirements, when the Qing Dynasty in China geographical jurisdiction of the civil system truly formed. After the territorial jurisdiction of civil actions, the concept and classification, according to China's "Civil Law" provisions of the general territorial jurisdiction can be divided into territorial jurisdiction of the special territorial jurisdiction, exclusive jurisdiction and jurisdiction by agreement of four.Second,Geographical jurisdiction of the Legislation Civil InvestigationThis part is a system of territorial jurisdiction of civil legislation is typical of several countries and regions in Taiwan for a brief introduction of the system, including the general territorial jurisdiction, the special territorial jurisdiction, exclusive jurisdiction and the jurisdiction of the four agreements geographical jurisdiction of the legislative provisions relevant aspects of the system.Third, the territorial jurisdiction of civil deficiencies in the system The part of the territorial jurisdiction of civil law system article discusses the judicial interpretation of the object, its analysis, to analyze the defects, such as general system of territorial jurisdiction the question: "the plaintiff to the defendant," the principles of light weight accused the plaintiff, unconscionability; where the defendant can not easily be determined. Geographical jurisdiction of the system of special problems: special territorial jurisdiction and territorial jurisdiction of the general confusion in logic; special territorial jurisdiction and jurisdiction by agreement confused; contract dispute issues of special territorial jurisdiction; infringement dispute territorial jurisdiction of the special issue. Contractual Jurisdiction issues: elements of an express agreement in the form of jurisdiction is not clear; express agreement to the jurisdiction of the case for the limited scope of the system; agreements narrow the scope of the jurisdiction of the court; implied agreement the jurisdiction of the legislation is two-pronged phenomenon. Exclusive jurisdiction of the system issues: real property disputes to the exclusive jurisdiction issues; exclusive jurisdiction of the cases the types of problems.Fourth, the provisions of Civil Procedure in the territorial jurisdiction of the changesThe main part of the territorial jurisdiction of civil actions against the system of defects, in reference to foreign legislation made several changes based on the recommendations. Geographical jurisdiction of the general systems: should be changed, "the plaintiff to the defendant," the principle of balance between the interests of the plaintiff; should also clear the defendant is located. Domicile in the system: the deletion of article 24, 26 to 31, and other legislative provisions of the "defendant has his domicile," the word; to further clarify and standardize the rules of contract performance; determine the infringement. Agreed Jurisdiction: the jurisdiction of an express agreement to relax the formal requirements; to expand the scope of agreements under the jurisdiction of the case; expand the scope of Civil Jurisdiction of the court; implied agreement intended to establish a unified system of jurisdiction. Exclusive jurisdiction to modify the system: the real property disputes to the exclusive jurisdiction provisions; the property claims disputes, disputes arising from port operations, inheritance disputes, the provisions of these three cases, the special territorial jurisdiction.