Research On The Scope Of Civil Litigation Competence Of China

Civil litigation competent scope is the footstone that the disputes are accepted bythe courts, not only involves the division of the judicial power and other disputeresolution mechanisms, and restricts the spatial scope of litigation. But throughout therelated legislation and judicial situation in our country, there are many problems aboutthe civil litigation competent scope. In concept, taking the states standards as theguidance of legislation. In judicial practice, the courts represent power standards. Onthe legislative technology, laws and regulations are principled and disorder. In thejudicial, acceptance of the cases is not open, judicial interpretations and replies forcases are various and inconsistent. Perfect the civil litigation competent scope ofChina is beneficial for the maintenance of the civil litigation and the development ofthe substantive law. So, it is imperative to solve the above problems.This paper uses social analysis and literature research. Selecting four typicalcases in the life, they are respectively belongs to the constitutional rights and newtypes of rights, to analyze the deficiencies and drawbacks of the civil litigationcompetent scope of China. Through the study of related experts and scholars ofliterature, to master the related issues of the civil litigation competent scope of Chinafully and accurately. In this paper, the author through the analysis of the individualcase and contrastive analysis of the two constitutional rights and the two new types ofrights, to summarize some constitutional rights and some new types of rights can notget protection in our country; the standards that the courts master to file a case aredifferent. As a breakthrough point, the author further analyzes the deficiencies anddrawbacks of the civil litigation competent scope of our country in the legislationtechnology; judicial interpretation, reply of the individual case; the review of filingcases. In concept, taking the states standards as the guidance of legislation; in judicialpractice, the courts represent power standards; the courts independent degree is not enough, are undoubtedly the most significant reasons. In addition, the principle shouldbe followed; the standard should be measured; the factors should be considered toperfect the civil litigation competent scope should be analyzed in detail. In view ofthis, the author fully combined with the concept of law and judicial practice, elaborateabove three aspects. And all the entire analysis service to put forward the feasibleideas. Based on the deep analysis of the civil litigation competent scope of ourcountry in concept level and judicial level, the author put forward the feasible ideasrespectively from the two aspects. Set up the correct legislative and judicial ideasshould be the first step to perfect the civil litigation competent scope of our country.Constitutional judicialization should be the best and effective choice to protect thecitizens’ constitutional rights. For the protection of the new types of rights, it isnecessary to make full use of the independent value of procedural law, in order tomake up the lack of the substantive law. Otherwise, to define scientifically in thelegislation and to establish a hearing system of accepting the cases are definitelyeffective solutions for the problems the civil litigation competent scope in thelegislation technology and the review of filing cases.