On Optimizing The Distribution Of Civil Jurisdiction In China

Jurisdiction of the judicial reform in full swing is how to march? Function of the system design can be realized? Social reality in which practice and theory tend to have a limit on its effective operation? These are listed in the current configuration institute for trial the issue can not be avoided. Nowadays, the jurisdiction of the courts and the implementation process of the exercise, the purpose is that through the exercise of jurisdiction over the subject and how they exercise judicial jurisdiction of studies exploring how to rationalize in our configuration. Both in theory and academia on the jurisdiction of the judicial practice problems concern long time, but the presentation of the problem is that most scholars have tended to only one point from the study of jurisdiction, for example, only from the perspective of the proceedings the jurisdiction of the court generally defined as the content of the judicial process on the one hand, the type and nature of judicial analysis, often confined to activities from the perspective of the trial court to divide the right and jurisdiction to hear a certain degree on the neglect of the current environment of socialist rule of law in the courts under the jurisdiction of the situation within the system to run the impact of external linkages.Jurisdiction to achieve is a system of horizontal and vertical dynamic process of interaction between phases, that jurisdiction in the lower courts to run between the longitudinal and lateral run within the same court. The author draws on research and systems theory approach to comprehensive analysis, the civil jurisdiction of the first contact is defined as an organic system, one by one analysis, examples of the types of civil jurisdiction, functions and jurisdiction to explore every part of the between them.This paper combines the academic definition of the definition of civil jurisdiction, and on this basis for further analysis of the types of civil jurisdiction, the area of jurisdiction of Civil made a more comprehensive summary, as the full text of the study. As the most important judicial power court, the optimization of its configuration, fair or not, not only in the Court's judicial activities of a fair outcome, the more it should be regarded as a fair process of whether the power to look at. Therefore, the article from a procedural point of conception to proceed to the optimal allocation of civil jurisdiction for in-depth study, having regard to the physical sense of fair trial procedures and formation of the constraints and facilitating role, for the actual situation in China made a number of recommendations on the optimal allocation of jurisdiction, that our current judicial reform, especially reform of the Civil Procedure Law has entered into a "bottleneck" period, scholars under the existing system in the respect of many efforts to optimize the allocation of civil jurisdiction and can not play a breakthrough role in promoting the many reasons is that most studies on the jurisdiction concerned only one aspect of jurisdiction and, in this narrow view of the demonstration activities carried out under the guidance, we can see, such theories arising from research activities The results of the reform of China's civil jurisdiction is no more benefits.Article in full respect and learn from the results of many scholars on the basis of jurisdiction in the configuration of the existing fully aware of the problems exist on the basis of putting forward the idea of the Reform of the related hope for China's current judicial reform process has reference.