Comparative Study On The Responding Jurisdiction System In The Civil Procedure

The jurisdiction in civil cases has been regarded as the first protection of Justice. As an important part of Jurisdiction System, the Responding Jurisdiction System also plays a significant role. As for the Responding Jurisdiction System in China, the Civil Procedure Law in 1991 and that in 2007 have adopted dual-track legislation mode, only defining the Responding Jurisdiction System concerning foreign civil proceedings. With the development of globalization and economy, dual-track legislation mode has gradually exposed various deficiencies, the desire for renovation grows higher and higher. In 2012,the article 127, paragraph 2 of Law of Civil Procedure has firstly stipulated that the Responding Jurisdiction System in domestic civil litigation. And the Supreme People’s Court also has issued the related judicial interpretations to improve the Responding Jurisdiction System. However, every system has undergone a tortuous period, the Responding Jurisdiction System itself has a lot of deficiency. The paper will analyze and study the Responding Jurisdiction System in depth, with the aim at making modest contribution to its improvement.The paper consists of five parts.Part one is the definition of the Responding Jurisdiction System. To master the fundamental ideas is the premise of studying a system,the Responding Jurisdiction System is also not an exception. To comprehend one thing requires the understanding of its connotation and nature, this part will introduce the connotation and nature of the Responding Jurisdiction System. Then analyze the constitutive requirements of it.Through the study of the Responding Jurisdiction System’s origin,this part will offer a further comprehension and lay a solid foundation for the whole paper.Part two is the argumentation of the necessity of the Responding Jurisdiction System. As an important part of the Jurisdiction System,the Responding Jurisdiction System has its necessity to exist. This part will argue the necessity of the Responding Jurisdiction System from three perspectives, that is, the necessity of maintaining procedural stability and the necessity of respecting the party’ s autonomy as well as the necessity of revealing the litigation efficiency, to highlight the important value of the Responding Jurisdiction System.Part three is the response and jurisdiction under the perspective of the comparative method. The Responding Jurisdiction System needs to learn from others. Since its foundation, it has been extensively applied to various countries and regions. In the long history of development, China has accumulated a lot of precious experience. This part mainly introduces the typical Responding Jurisdiction System of the Anglo-American law system and the continental law system. By means of the comparison, it is easy to find out the shortcomings of the Responding Jurisdiction System of China and learn from the experience of foreign countries to construct the Responding Jurisdiction System that meets national conditions.Part four reveals the existing problems of the Responding Jurisdiction System of the People’s Republic of China. Since the System has been established, the shortcomings both in legislation and judiciary have been exposed gradually. This part firstly analyzes the existing deficiency of the Responding Jurisdiction System, such as: legislation stipulations being coarse; disconnected with relevant systems; not informing the duty of disclosure of court. Then, this part will analyze some typical cases to reveal familiar problems when the court and the party use the Responding Jurisdiction System in the judicial practice.Part five mainly discusses the improvement of the Responding Jurisdiction System of the People’ s Republic of China. After the analysis of its shortcomings in the practices of legislation and judiciary, this part will mainly focus on solving the practical problems.In illusion to the legislation problems of the Responding Jurisdiction System,this paper puts forward five effective suggestions to improve them, including clarifying the subject and object of the jurisdiction objection and its applicable period of responding,improving the jurisdiction objection system, and stipulating the court’s duty of disclosure.As for the judicial application, this paper also offers some related suggestions, such as stipulating the relevant judicial interpretations and measures, issuing guiding cases to prevent the court and party from abusing jurisdiction, implementing the principle of honesty and credibility, and strengthening the connection between responding jurisdiction and relevant systems.