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The Improvement Of Transfer Jurisdiction In Civil Litigation

Posted on:2017-05-26Degree:MasterType:Thesis
Country:ChinaCandidate:S HuangFull Text:PDF
GTID:2296330485965432Subject:Business direction
Abstract/Summary:PDF Full Text Request
Currently, Chinese code of civil law has rough rules of transfer jurisdiction with many disadvantages.as the transfer jurisdiction of system is rough,the transfer procedure of court is not irregular and the system is not good convergence with responding jurisdiction system so that the phenomenon of court free transferring case,the clients malicious taking actions and challenging the jurisdiction becomes more frequent in practice. some extent,this defect restrict the parties’ rights protection and the solution of the dispute.Therefore,in order to protect the rights of the parties and to contain the phenomenon of avoiding jurisdiction,we must be standardized specific procedures of transfer jurisdiction system on the legislation,establish the principle of jurisdiction of inconvenient forum and gradually form a pattern adversary of litigation review mode,so the pursuit of the value of civil action on fairness and justice will be better achieved.
Keywords/Search Tags:transfer jurisdiction system, forum prorogatum, the principle of jurisdiction of inconvenient client
PDF Full Text Request
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