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Research On Improvement Of Exclusive Jurisdiction Of Civil Procedure In China

Posted on:2015-04-25Degree:MasterType:Thesis
Country:ChinaCandidate:L YangFull Text:PDF
GTID:2296330422484883Subject:Law
Abstract/Summary:PDF Full Text Request
Exclusive jurisdiction is a system that several particular cases are governed byselected courts. The system is set for securing and safeguarding the interests of oursocial public as well as country.Therefore, the legislation of exclusive jurisdictionshould be improved as the social developments in order to achieve the better practicaleffect.The major institutional defects include irrationality of application scope of exclusivejurisdiction,absence of institution connection as well as remedy procedure forviolating exclusive jurisdiction. In practice,the condition of exclusive jurisdiction is ina mess.For example, different courts have diverse opinions to certain types of disputes.And there are conflicts among the applications of exclusive jurisdiction,designatedjurisdiction and amalgamated jurisdiction.Many countries in the world have stipulated exclusive jurisdiction in their civilprocedure law. Though the details are not the same,we can also learn a lot from othercountries’ regulations. The papers would advise our country to draw on the experienceof the legal rules of other states after we make comparisons of them and analyze ournational conditions.The improvements of exclusive jurisdiction are urgent.First and foremost,the scope ofexclusive jurisdiction should be properly adjusted.Furthermore,connection systemsneed to be established.At last,mandatory effect of exclusive jurisdiction must beobedience and defence.
Keywords/Search Tags:exclusive jurisdiction, vital interests, scope of application, mandatoryeffect
PDF Full Text Request
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