On The Responding Jurisdiction System In The Civil Procedure

The new revised "Civil Procedure Law" in the provisions of the second paragraph ofarticle127th, It does not raise objection to jurisdiction, and responding, as the appeal by thepeople’s courts have jurisdiction, but violating the provisions on jurisdiction except. Thus, theCivil Procedure Law of our country in the domestic part has also set up the RespondingJurisdiction System, and delete the part of foreign one, realizing the unity of the domesticcases and cases of foreign civil procedure jurisdiction rules. Although this system in theestablishment of the former scholars have the corresponding argument, but this kind ofargument is mainly on proposals to build the system. Now the system has been born, the pastresearch results have been achieved, a new problem now before us is: the new system canhave the effectiveness, and feasibility or not, whether should be legislative annotation andperfect? Specifically, the Responding Jurisdiction System which has the value intention of thelawsuit economy, whether in the judicial practice will suppress the protection of the right ofaction? With such a question, academia has gradually from the construction of system to thetransition of the study of effectiveness and perfection.This paper is one of the new researchfield, in the view of the lawsuit economy and protection of the right of action from theperspective of balance, exploring the understand, apply and perfect of the respondingjurisdiction system.Jurisdiction is a very important system in the civil procedure, it concerns the legitimacyof trial itself, and the problem of whether the parties gain the justice of the trial. If thejurisdiction as the premise of judgment does not legal, the process of court and the foundationof judgment will be loused,not to mention the justice of the implementation of procedures.Therefore, study on the jurisdiction in civil litigation is of great theoretical and practicalsignificance. Before modifying the new Civil Procedure Law, the theory of RespondingJurisdiction System also has been done, but mainly incidental to the improvement of theagreement jurisdiction system. After the revision,the Responding Jurisdiction System finallycomes true, the research results rose to legislation. But for the interpretation of the legislation,as well as the researchwhich still needs to be improved is just a beginning. Therefore, this paper as one of thepioneer members of the problem domain, to approach its profound and related studies, shouldhave been a useful hand. Due to The Respondent Jurisdiction as the newly established system, in the domesticjudicial practice has no experience can be found, it will only turn to opinions of scholars. Thebirth of a new system, often needs continuous improvement to achieve the best effect ofpractice. Therefore, this paper tries to probe into the system based on comments on thelegislation, and to analyze the problems of deep levels, in order to make an effort to theimplementation of the system, constructing the Responding Jurisdiction System of our own.Besides the preface, there are five parts.The first part: the overview of the Responding Jurisdiction System. Putting forward theResponding Jurisdiction System, on the basis of origin, by defining the concept, and analysisof related concepts and legal position, highlight its independent procedure value.The second part: the necessity of the Responding Jurisdiction System. Respectively tothe procedure subjectivity principle, procedure stability principle and the principle oflitigation economy respectively as the existence value of the demonstration, and in the endputting forward the most important value is the lawsuit benefit.The third part: the Responding Jurisdiction System in the view of comparative law. Themost direct way to improve the domestic legislation is to learn from the advanced experienceof foreign countries,by investigating and comparing the problem of Responding JurisdictionSystem in legislation of civil law countries and regions,which is about the system time,constitution, effectiveness and so on, in order to find our existing legislation deficiency andwhere necessary in order to further improvement.The fourth part: the status analysis of the Responding Jurisdiction System.Breakthroughing in the revision to the new Civil Procedure Law perspective, making ananalysis on the new system, as the basis of analysis in the current judicial environment suchas the understanding of the concept, additional security requirements, system interface andother problems which may still need to perfect place.The fifth part: perfect of the Responding Jurisdiction System. In order to strengthen thetarget to improve the protection of the right of action, aiming at the existing problems in threeaspects,which is the main system, the auxiliary system and the connect of related system,proposing suggestions, to protect the Responding Jurisdiction System works normally andeffectively, inspiring the further theoretical exploration and legislative interpretation.