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Study On The System Of Responding To Jurisdiction In Civil

Posted on:2017-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:X M YanFull Text:PDF
GTID:2336330512457665Subject:legal
Abstract/Summary:PDF Full Text Request
Respondent jurisdiction refers to a party to the dispute after the prosecution to the court without jurisdiction, the other party did not raise objections to the jurisdiction and respondent, without violating the exclusive jurisdiction and level of jurisdiction, the admissibility of the court to obtain jurisdiction a system of jurisdiction. The value of the system embodies the procedural choice of the parties, litigation economy and procedural stability, and the principle of procedural subjectivity and estoppel principle as its legal basis. In China, the jurisdiction system should be further perfected. In its scope of application, the case should be based on marriage and family, inheritance dispute case, real right dispute case, contract, management without reason, unjust enrichment dispute case, company, securities, insurance, bill and so on. The relevant civil disputes and tort liability cases, of course, which should be excluded from the scope of exclusive jurisdiction and level of jurisdiction. In addition, the provisions of Article 119, paragraph 4, and Article 124, paragraph 4, of the Code of Civil Procedure should be construed as limiting the scope of jurisdiction to exclusive and exclusive jurisdiction. In the establishment of the court to inform the system to protect the procedural rights of the parties should also establish the application of the jurisdiction of the error correction mechanism to protect the interests of the parties.
Keywords/Search Tags:Responding jurisdiction, Program body, Court informing, Error correction mechanism
PDF Full Text Request
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