The Research On Curbing The Circumvent Jurisdiction Of Civil Action

Even though in recent years China’s domesticate civil action system has been continuously improvement and complement, there still exists a great deal of issues. Especially, as in our country, under the powerful regional politic and protectionism, the law evasion of jurisdiction in jurisdiction system is arising increasingly. Law evasion is that a party in order to avoid the jurisdiction of the court with the jurisdiction right, taking advantage of the loophole of the civil law to appeal to another court without the jurisdiction right, thus to avoid the negative factors towards itself. Law evasion of the jurisdiction counts to ligation fraud which infringes the legal rights and interests of another litigant. Jurisdiction is the preparation of the realization of the litigant’s right of the action and the exertion of the jurisdiction. As the jurisdiction system determines which case for which court, which court can provide fairness and justice and which court can treat the litigants fairly, it directly influences the judicial fairness. Therefore, to study the issues of the evasion of the jurisdiction and analysis the reasons and disadvantages thus to come up with the solutions accordingly would provide important theory values and practical significances for China’s jurisdiction system. This thesis by comparative analysis of the regulations of the jurisdiction system and the treatment measures towards the evasion of the jurisdiction in domesticate and abroad, to build up and improve the related stipulations in PRC civil law jurisdiction system thus to help solving the judicial evasion in civil jurisdiction problems which exist in practical.