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Agreed Jurisdiction Research

Posted on:2012-02-16Degree:MasterType:Thesis
Country:ChinaCandidate:M Z WenFull Text:PDF
GTID:2216330344950176Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Agreement Jurisdiction in civil litigation system is an important procedure rights which the parties have, Civil Procedure Law of the modern world are generally provided for such a jurisdiction system.Agreement Jurisdiction gives the parties right to choose the courts to resolve disputes by agreement, reflect the process rights which the parties in the litigation activities have. Agreement Jurisdiction conform to the trend of China's reform of civil litigation system, fit within requirements of economic development, while improving the effectiveness of inhibitory the local protectionism in judicial, and conducive to the realization of procedural justice.With the increasing development of technology, we have entered the information age, in this background, the traditional jurisdiction system is facing new challenges, because agreement jurisdiction system have some special advantages, therefor it is playing an important role in cases involving e-commerce.Implementation of the Code of Civil Procedure in 2008 has been revised and improved on some of the existing civil action system, but this modification does not reach the field of agreement jurisdiction system, so the problem which exist in legislative and judicial practice remain unresolved.This paper attempts to introduce the history and development of agreement jurisdiction system and start to show the status of agreement jurisdiction system in the world from the breadth, depth analysis the value and legal basis of agreement jurisdiction system, and further study agreement jurisdiction system in China's legislation and practice conditions, and on this basis to review the defects in our current agreement jurisdiction system of Law of Civil Procedure. In the last, in order to improve the agreement jurisdiction system, I want to give some suggestions.
Keywords/Search Tags:Jurisdiction, Agreement Jurisdiction, Contract of Civil action, Autonomy of the Will
PDF Full Text Request
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