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The Improvement Of The Agreement Jurisdiction System In China

Posted on:2016-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:H L WuFull Text:PDF
GTID:2296330479487941Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The establishment of the agreement jurisdiction system in China is not too long, but more and more Chinese like to use the agreement jurisdiction system, as the development of Chinese rule of law. Chinese eager to choose courts to resolve disputes by themselves. Not only reflects the agreement jurisdiction system decision of substantive rights by the parties, but also reflects decision of procedural rights. Take the autonomy of the will as the core, the agreement jurisdiction system need the parties use their right adequately. This is also conform to needs of Chinese awakening awareness of the rights of citizens. Since the agreement jurisdiction system had been established, there exist a series of problem. The academia has been carried out to study and explore the system. In the process of amending the law, the agreement jurisdiction system has been improved. But there still have some problems, for example scope of the case, the jurisdiction of the court, the agreement jurisdiction system, challenge under the background of Internet. This problems need to solve urgently.In this paper, mainly from the basic system of China’s law. Combined with the practical case, and studied the agreement jurisdiction system of foreign countries. It must put the agreement jurisdiction system in civil litigation system.It must be distinguish the agreement jurisdiction and the other system, draw the agreement jurisdiction system boundaries and grasp the agreement jurisdiction system as a whole. In the process of rule of Chinese law, Chinese law manly imported from foreign countries. Other countries experience is worth learning, but can not apply other countries experience. We need more internalization. Combined with our own national conditions, we can created the law system for ourselves.This article is divided into four chapters. Firstly, it’s the basic concept and basic theory of the agreement jurisdiction. In order to do further research, we need understand the basic concepts and theories. Because it is the foundation of a system and is the key point of agreement jurisdiction. Every system is built up from the concept, the basic concept is the soul of a system. Secondly, the problems of application of the agreement jurisdiction may face. The society is so complex. When a rigid system meet the vagaries of the social reality, there must be many difficult problems to reconcile. Thirdly, the extraterritorial agreement jurisdiction system is the precursor of Chinese. There are many fields perfecter than Chinese law. So we should learn foreign law system. Finally, we need to discuss how to improve the system of contractual jurisdiction in our country. Author of this article want to combine theory with practice. Put forward the perfect suggestions.The agreement jurisdiction system seems to be a small problem. But when I am writing this article, I find that there are many points to research. And the agreement jurisdiction system related to theory closely. How to integrate the agreement jurisdiction system completely and systematic need further discussion in future. The system of classification is the future of the agreement jurisdiction system.
Keywords/Search Tags:The agreement jurisdiction system, Internet, The autonomy of the will
PDF Full Text Request
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