Concerning The Shortcomings Of The Agreement Jurisdiction Of Civil Action And Improvement

Since the reform and opening up, the rapid development of marketeconomy in our country, economic exchanges have become increasinglyfrequent between the person, the disputes between people also appeared,traditional detesting lawsuit have change, people’s increasing awareness ofrights, so many disputes through the court. The start of litigation is Jurisdiction,agreement jurisdiction is a fully embody the autonomy of the parties, respect theparties of the subject position system, given the parties full rights of procedureoption, whether jurisdiction rules are clear and specific, related to the litigationrights of the parties, is also the embodiment of the judicial authority of the court.Our agreement jurisdiction system is built on from a planned economy to amarket economy transformation period, along with the change of marketeconomy, the economy dispute of increasingly complex, make agreementjurisdiction system can’t adapt to the needs of economic development,agreement jurisdiction of the system need to further improve with the pace ofsocial evolution, therefore the author try to give some suggestions for ourcurrent agreement jurisdiction of the improvement of the system.This article from the historical evolution of agreement jurisdiction thendraw out the theoretical foundation of the existing of the agreement jurisdiction,and discusses the effectiveness of the agreement jurisdiction, In view of china’sagreement jurisdiction of the shortcomings of the system, the main analysis ofour agreement jurisdiction in which aspects of problems, from which theseissues to find the reasons for inadequate, at present in china mainly throughdomestic law personage’s view, comparative foreign national agreement underthe jurisdiction of the system, then improve of the agreement under thejurisdiction of the system to make recommendations. At last, by a briefdiscussion of the agreement under the jurisdiction of the function, jurisdictionby agreement to make up for the lack of law, which is conducive to therealization of the rights of the parties, it able to avoid conflicts of jurisdictionbetween courts.