The Theory Of Agreement Jurisdiction Of Civil Litigation In Our Country

Our country passed new civil procedure law in2012, many of thecorrection of the civil procedure law system have been adjusted andperfected, the reform of the system of many appear more scientific andhumanistic, the reform of the system of these will be to our country civillitigation activities and the development of the civilian law itself have ahuge role in promoting. In the reform in the civilian method, content andaspects of the agreement jurisdiction system made a larger adjustment, onthe one hand, agreement jurisdiction system in the domestic case scope hasgrown to a certain extent, make the scope of domestic and foreign-relatedcivil procedure applicable cases to unification, on the other hand, thesystem can choose the jurisdiction of the court is not limited to, the fiveoriginal court increased the actual connection with the case dispute court.In addition, we began to admit implied agreement in civil lawsuitjurisdiction system, these improvements, reflects our country’s legislativeefforts and progress in the jurisdiction system.But the details of the agreement jurisdiction system in legislation stillhas some problems, for example, some concepts of scope is not clear,although there are some aspects of the law there are no specific and lack ofprovability in practice, these problems make the system function of theaffected, therefore, in order to be full play to the system function and thefurther correction of the system is very necessary. The author thinks thatthe agreement jurisdiction system applicable scope, the case shall be underthe jurisdiction of the court and the form of agreement jurisdiction isnecessary to adopt a more liberal attitude.This paper first introduce the basic theory of agreement jurisdictionsystem, and through comparing the old and new civilian method is different, in reference to the international and foreign legislation in the system,analyzes the new changes of the progress and deficiency of civilian method,finally gives some perfect Suggestions.Besides preface and conclusion, thefull text mainly consists of four mostThe first part expounds the basic theory of agreement jurisdictionsystem. The author respectively from the content of the agreementjurisdiction system in our country, applicable condition, the classificationof the agreement jurisdiction, the necessity of implementing agreementjurisdiction and the purpose of the system to introduce the basic.Second part combining the new changes of the civil procedure law andthe civil procedure law in different agreement jurisdiction system, thispaper introduces the basic content of their, and compares them, discussesthe change in terms of the agreement jurisdiction system improvement andbreakthrough, finally the advantages and disadvantages of this change andcomprehensive evaluation.The third part firstly introduces the major countries of two lawsystems on the agreement jurisdiction system of different rules and attitude,and introduces the agreement jurisdiction system in internationaldevelopment trend and the trend of the significance of our country.The fourth part in view of the above, discussed the problems found incombination with the basic principle of the agreement jurisdiction systemand the main countries of two law systems in the different provisions on thesystem and the international development trend, put forward a few ideas toimprove and perfect.