| Tacit agreement jurisdiction is also named litigating jurisdiction, which refers to anexceptional right of competency belonging to a court that accepts a case beyond itsjurisdiction but the defendant does not raise an objection, meanwhile appearing in court andproceeding the defense. It manifests the doctrine of autonomy of will; values the litigant’soptions; accords with the reformation from authority system to adversary system. At present,China’s Civil Procedure Law specificities the tacit agreement jurisdiction only concerningforeign affairs and exists the discordance of internal and external legislation. In case theperfection of tacit agreement jurisdiction on the base of exampling foreign legislation, it notonly conforms to the requirement of Equivalence Principle, but also stimulates the relevantreform in accordance with the trend of this age like market economy.This thesis is divided into four parts, excluding introduction and conclusion. Centeringthe theme of perfecting tacit agreement jurisdiction in our country, the contents of eachchapter are as follows:The introduction overviews the definition of tacit agreement jurisdiction, and delimitsthe scope of this thesis.Chapter One outlines the basic theory of this scheme.Chapter Two makes a contrast with the system home and abroad: exampling severalcountries and regions separately representing the continental law system andAnglo-American law system; exploring the way of perfecting Chinese system from the angleof comparison.Chapter Three analyzes the current situation of tacit agreement jurisdiction in China.Chapter Four delivers the detailed composes of perfecting this system.The conclusion finally summarizes the contents of this thesis and states the imperfectionof it. |
