The Contractual Jurisdiction Of The Civil Procedure

As an extremely important part of the system of civil area jurisdiction,the jurisdiction system not only affects the rights of the parties' substantive rights and procedural rights,but also embodies the autonomy of the parties and the procedural options.It also directly affects the court's trial activities and affects the litigation process.The revision of the Civil Procedure Law of 2012 has taken a big step in perfecting the jurisdiction system of our country,which has greatly improved the deficiencies in the previous legislation.How has the judicial practice been practiced for nearly five years since the implementation of the new law? Does legislation still have perfection? The author starts from the theory and judicial research,analyzes the current legislation and the judicial situation,and through the field investigation and reference,with a view to our future agreement jurisdiction system to further improve the benefit.In addition to the introduction part,the text consists of the following four parts:The first chapter studies the basic theory of civil action agreement jurisdiction.This chapter consists of three parts.First,it is helpful to understand the concept of jurisdiction of the agreement.Secondly,the analysis of the effectiveness and attributes of the jurisdiction system can help to understand the general situation of the jurisdiction of the agreement.Finally,analyze the institutional value of the jurisdiction of the agreement.The second chapter studies the current situation and problems of the jurisdiction system of civil litigation agreement in our country,which is divided into legislative defects and practical problems.This chapter first analyzes the existing problems in the legislative system of the agreement jurisdiction system,including the "other property rights disputes" and "the court of actual contact with the dispute" commended by most people.Secondly,through the case of nearly ten thousand copies of the judicial documents Research,analysis of the practice of the agreement under the jurisdiction of the existing problems,and summarized.The third chapter studies the legislative investigation of the jurisdiction system of the civil litigation agreement outside the domain and its reference.Through the legislative investigation of the jurisdiction system of the two legal systems countries and regions,the comparison of the Chinese and foreign laws of the agreement jurisdiction system further reveals the shortcomings of the jurisdiction system of our country.At the same time,in the analysis of extraterritorial legislation,to seek the relevant legislative experience to our inspiration for the later elaboration of China's agreement to provide a system of reference,while the fourth chapter to improve the content of the pave the way.The fourth chapter studies the analysis of the problems of the jurisdiction system of the civil litigation agreement in our country.This chapter mainly aims at the defects in the legislation and practice disclosed in the preceding article,and provides suggestions for the improvement of the jurisdiction system of our country by referring to the experience of successful legislation outside the domain.The legislation mainly includes the idea of establishing the parties' agreement to choose the court of first instance,The establishment of the elements of the form,a clear "other property rights and interests" of the scope of the "dispute with the actual contact with the people's court" as "or other people's court";practice mainly includes a unified court on the effectiveness of the jurisdiction of the agreement,The effectiveness of the jurisdiction agreement,while dealing with the agreement between the jurisdiction and other relevant jurisdictions of the conflict.