| As a part of civil action jurisdiction,real estate exclusive jurisdiction plays an indispensible role.For a long time,there are much arguments about the understanding and application of the system.Therefore,it is necessary to study the system from the points of theory and judicial practice.However,at present there are few researches on the system in academic circles,so are the relative data and materials.Especially after the issuance and implementation of “the Supreme People's Court Interpretation on Application of Civil Procedure Law of the People's Republic of China”(hereinafter referred to as Interpretation on Procedure Law),the researches on the complementary system and newly-increased regulations in The Interpretation are still in vacancy.Therefore,on the basis of traditional theoretical researches,the thesis,combining new regulations in Interpretation on Procedure Law with the problems existing in judicial practices,analyzes comprehensively the current situation of the system,aiming at putting forward some useful suggestions to improve the system.The thesis introduces the significance of real estate exclusive jurisdiction system with an example of “the case of Qingdao Yiqingda Company”.Besides,the current problems of the system in China are discussed to figure out the reasons and put forward relative solutions to the reconstruction of the system.The first chapter mainly includes the basic facts and results of “the case of Qingdao Yiqingda Company”.Besides,legal relations and questions in dispute involved in the case are analyzed for the purpose of introducing the importance of real estate exclusive jurisdiction system in China.The second chapter describes the theoretical thinking about exclusive jurisdiction system of real estate dispute,including the concept,types,current situation of legislation as well as Article28 in Interpretation on Procedure Law.Besides,from the perspectives of legal principle and judicial practice,the problems existing in the article are expounded and the practice part is mainly analyzed from the particularities of some cases handled by corps court within the Xinjiang Uygur Autonomous Region.The third chapter describes the improvement of real estate exclusive jurisdiction system.In consideration of the problems above,the relative solutions are put forward,including defining real estate property and credit dispute as well as adjusting case scopes of absolute exclusivejurisdiction.Meanwhile,in consideration of the particularity of areas within the jurisdiction of corps court,contracts of land contractual management will be included in the absolute exclusive jurisdiction. |
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