The Deviation And The Optimization: China’s Civil Jurisdiction In The Study Of Operationsystem

According to different types of cases, the jurisdiction contain civil jurisdiction,administrative jurisdiction, criminal jurisdiction, which belong to the category of thenational public power. the power is the proceeding and the cornerstone of the root of thepeople’s courts of all. The optimization and configuration of this article exploring thecivil trial power in our country, is to deviate from the conception of civil jurisdictionand optimization as the main line of the cross.I select the collegiate system as the mostobvious problem simultaneously, hoping to explore from a relatively little angle tooptimize and configuration of civil jurisdiction.My article lncludes three chapters, the first chapter of civil jurisdiction agreement: forbasic operation of collegiate system, including requirements of connotation of civiljurisdiction, the positive significance of civil jurisdiction in the procedure of civil trialprocedure in the operation, the next is the civil trial power in collegiate system functiondemand highlights from three aspects, discusses the system in the civil trial powerallocation function; the second chapter analysis: from alienation of civil jurisdiction inthe collegiate system, mainly the first civil trial power in collegiate system deviate fromthe design, the basic connotation, like a civil trial power in collegiate system deviatefrom the design intention the judicial committee system operation principle, violation ofcivil jurisdiction cases request system in violation of civil judicial power independentlyoperating requirements, four lack of supervision mechanism in violation of the civil trialpower control function. The second section, analysis of the causes of civil jurisdiction inthe collegiate system of alienation, I think that includes two aspects of internal andexternal factors, internal factors alienation of civil jurisdiction of roots; external factorsincluding but not limited to the following reasons: the jurisdiction of administrative,judicial power is the tendency of socialization, trial management more fuzzy zone.In view of the above questions, I discussed to optimize the civil trial power in China inthe third chapter, the paper selects the collegiate system of cross to research one of themost common and most prominent angle, Section1civil jurisdiction principles ofoptimizing the choice, civil trial and jurisdiction, the unity principle of civil jurisdictionand responsibility for the trial the principle of combining; section second collegiatesuggestion right optimization of civil judicial system under the framework, a refinementof the standard of civil jurisdiction rules to improve operation, gradually cancel the independence of the judicial committee system security jurisdiction, the case guidancesystem is to improve the efficiency of the judicial power operation, improve the civiltrial supervision mechanism to realize the scientific system.