Study Of The Legislation Of Civil Jurisdiction Transfer

On August31,2012,”about modify the decision of the <civil procedural law of thePeople’s Congress>”was passed,at the28th session of the standing committee of the11th National People’s Congress.It corrected the civil procedural law of the People’sRepublic of China for the second time.The new law came into effect on January1,2013.The correction of the civil procedure law included the article39,whichformulates the civil jurisdiction transfer.Jurisdiction transfer is the procedure that thejurisdiction from one court transfer to another which has no jurisdiction.There are lotsof problems about jurisdiction transfer system,especially the “move downtransfer”.Scholars discussed a lot about whether to delete the clause.I studied thelegislation of the jurisdiction transfer.Include the legislative background,legislativeintent,legislative trend in the future.Hope to display legislation dynamic using myarticle.And help you to learn more about the knowledge of legislation dynamic of civilprocedural law.The first part is about the basic conception of civil jurisdiction transfer,to state thesimilarities and differences between civil jurisdiction transfer,grade jurisdiction anddeliver jurisdiction.The second part is about the background of legislative.To declare theviews of people from the authorities,the opinions of scholars and other’s suggestionsabout the legislation of jurisdiction transfer.The third part is about the study of thelegislation of jurisdiction transfer.Deliberating the value of keeping the clause ofjurisdiction transfer,the meaning of astricting move down transfer,and the defect ofjurisdiction transfer in judicatory practice.The last part chief study the legislation of thejurisdiction transfer in the future.