Research On The Responding Jurisdiction System Of The Civil Litigation

The responding jurisdiction system is a continuation of the statutory which fully reflects the respect for the disciplinary right of the parties.The promulgation of the article 127 of “new civil procedure law” and the article two hundred and twenty-three of “the judicial explanation about the application of the civil procedure law of People’s Republic of China” are consistent with the direction of our judicial reform and making the responding jurisdiction system finally can be established and be further interpreted in china. The meaning of The Responding Jurisdiction System is clearly defined by the above explanation and the conflict of The Responding Jurisdiction System and referral system is effectively solved. However, The Responding Jurisdiction System as a "young" system, its defects in the legislation and related interpretation still exist For example, the applicable scope of the responding jurisdiction system, the courts inform obligation remains to be determined.Although the judicial reform in China established the filing registration system,the system can not fundamentally solve the conflicts among litigation jurisdiction system,the prosecution conditions and inconformity conditions. Therefore,the process of judicial practice of the responding jurisdiction system in China still not fully play the maximum effectiveness, and the achievement of its legislative value has been blocked.Inquiry Study on The Responding Jurisdiction System of China still needs more depth in theory.Through the absorption of academic research and with the combination of the foreign legislative experience and the basic situation in china,we will perfect our legislation of the Responding Jurisdiction System.Through the comprehensive analysis of The Responding Jurisdiction System, this topic will try to find the existing problems, and put forward the suggestions for solution in order to build the Responding Jurisdiction System more suitable with the situation of our country.This article contains four chapters except introduction and conclusion which are all tightly around responding jurisdiction system,each part of the specific content is as follows.The introduction summarizes the concept of the responding jurisdiction system, writing background and the main writing points are reviewed. Chapter one summarizes the basic theory of the responding jurisdiction system. Including the concept, characteristics, nature of the responding jurisdiction system,and analysis of elements and theoretical basis. Chapter two analyzes the responding jurisdiction system in civil law countries, selected typical countries and regions in civil law countries as the legislation object to analyze some exist problems in this system, and give some suggestions to perfect them.Chapter three provides a further interpretation on the responding jurisdiction system in judicial interpretation of Civil Procedure Law. Chapter four analyzes present situation in our country and put forward the existing problems of the responding jurisdiction system.Chapter five puts forwards some proposals for perfecting the responding jurisdiction system. Conclusion summarizes the main contents of this paper and points out its shortcomings.