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Research On The Jurisdiction Of The Agreement And Its Applicable Problem

Posted on:2018-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:X LiaoFull Text:PDF
GTID:2336330539475034Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The civil procedure law of the People's Republic of China was amended in2012 and then adopted by the supreme law in 2015.In constant progress of many ways to get the reasonable adjustment and correction,the system will promote the reform of civil litigation and its all aspects of growing,and the agreement jurisdiction on the list.The modification of the agreement governs the right to dispose of the rights and interests of the entity.The right of this disposition shows the principle of the principle of autonomy of the law,which also gives the parties more selectivity.The revision will be under the jurisdiction of the domestic and foreign-related protocol for unification,taking into account the litigation jurisdiction is among them,the combination of unified agreement jurisdiction and litigation jurisdiction has made in litigation between the parties from time to tome a wider range of choice,eliminates the inside and outside has other agreement jurisdiction.The academic community has been studying and exploring the system in an effort to better enforce the agreement.But although the jurisdiction of the agreement is progressing,there are many problems waiting for scholars to study and discuss.Such as how to form an agreement jurisdiction as one of the basic theory of civil law such as detailed structure,agreement jurisdiction effect such as how to do that without a clear definition,and in the process of practice for the cohesion on the system and other systems also exist many problems,such as the jurisdiction of the transfer and there are many,such as filing system can not be ignored.In order to make the agreement more effective,it is necessary to improve the system.Although the research of many scholars,but the agreement jurisdiction is not like the arbitration agreement and contract law has its own complete a system,there are also many operational problems in the middle of the applicable.The author thinks that it is necessary to carry out a complete study on the framework of the theoretical research of the agreement and the practical application of the theory.That is why this article is first to agreement jurisdiction theory system on a comb,perfect theory system of arbitration law and contract law for reference to its architecture to agreement jurisdiction,again to our country the present agreement jurisdiction conflict problems were analyzed,and further gives some modification Suggestions about these problems,with its ability to render their agreement jurisdiction.This article is composed of four parts.The first part mainly expounds the basic theories of architecture,including the basic connotation of agreement jurisdiction,the nature of the agreement jurisdiction,the value of agreement jurisdiction,the relationship between the agreement jurisdiction and the jurisdiction,on the basic of introduction.The theoretical system of agreement jurisdiction a definition because of agreement jurisdiction in our country is expressed in the form of law all the time,most scholars are just the modification and perfection of agreement jurisdiction the discuss on the law,but law is relatively empty and superficial,and did not form a complete theoretical system of agreement jurisdiction,therefore in the theoretical system of agreement jurisdiction a architecture and comb,in order to be able to agreement jurisdiction of the theoretical basis to make a little contribution.The second part mainly introduces the agreement jurisdiction for a long time development,and advanced some institutional regulations,in order to our country in theory and applicable condition of perfect has the certain enlightenment.On the use of most countries in the applicable tend towards the protection of rights of the weak,although there are relevant provisions in China requirements on the format contract in a reasonable way to remind consumers pay attention to,but in other to enter into a contract or wanting,to protect vulnerable party's attitude is not enough,and most countries in the form of agreement jurisdiction is to take the form of elastic elements,our country is too strict to the requirement of the form.In the future,there is a need for certain expansion in the form of the jurisdiction of the agreement.The third part is mainly about the agreement jurisdiction rules revises a contrast,on the expansion of the applicable condition of agreement jurisdiction,agreement jurisdiction is progressive,the agreement jurisdiction and litigation jurisdiction system arrangement is in conformity with the logic,the author also agree with thisposition arrangement,but also the agreement jurisdiction after modification in practical application,analyzes and discusses some problems such as filing,referral and litigation jurisdiction conflicts and contradictions between,caused by the widespread use of format contract agreement jurisdiction of the misuse of problems are worth thinking about.I think the problem with these issues is that there is no practical implementation of the system,which leads to many conflicts.And these contradictions need to be solved.The fourth part is about the problems of the agreement jurisdiction in our country are put forward some improved Suggestions,mainly will be put on record system is in place,with jurisdiction and the jurisdiction of the responses to abuse authority for the jurisdiction of the responding Suggestions to consummate the related problems such as suitable conditions,additional punishment mechanism,to be able to fulfil his agreement jurisdiction.
Keywords/Search Tags:agreement jurisdiction, litigation jurisdiction, jurisdiction objection
PDF Full Text Request
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