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A Study On The System Of Agreed Jurisdiction Of Civil Lawsuit

Posted on:2016-10-05Degree:MasterType:Thesis
Country:ChinaCandidate:R H YueFull Text:PDF
GTID:2296330461482114Subject:Law
Abstract/Summary:PDF Full Text Request
The system of agreed jurisdiction of civil lawsuit is of great importance in the law of civil procedure. It is a system of jurisdiction that has been widely applied in the law of civil procedure in all countries. The agreed jurisdiction of civil lawsuit enables the parties to choose a court to resolve their disputes according to their own consensus, which embodies the parties’right to choose in litigation and the principle of the parties as the subjects in civil procedures. In 2012, the Law of Civil Procedure was modified and made more concrete provisions on the system of agreed jurisdiction. However, taking the international system of agreed jurisdiction of civil lawsuit and the current situation of the economic, political and social development in our country into consideration, there are some defects in the system of agreed jurisdiction of civil lawsuit. On February 4,2015, the Supreme People’s Court’s Interpretation on the Application of the Law of Civil Procedure of the People’s Republic of China took into effect. In this interpretation, there is further complementation and greater improvement concerning the system from Article 29 to Article 34, which remedies the defects of the previous system of agreed jurisdiction of civil lawsuit. It is on this basis that the thesis inspects the system again so as to improve the system of agreed jurisdiction of civil lawsuit further. Starting from the basic theories of the system, the thesis makes a comparative study on the system of agreed jurisdiction of civil lawsuit in other countries, analyzes the current situation of the system in China, and then makes some suggestions on further improving the system of agreed jurisdiction of civil lawsuit in our country.
Keywords/Search Tags:The agreed jurisdiction of civil lawsuit, the principle of good faith, the principle of the parties as the subjects in civil procedure, contract of civil lawsuit, the system of implied agreed jurisdiction
PDF Full Text Request
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