Font Size: a A A

Research On The Jurisdiction System Of Civil Action In China

Posted on:2019-01-21Degree:MasterType:Thesis
Country:ChinaCandidate:B B ZhangFull Text:PDF
GTID:2346330542986114Subject:Law
Abstract/Summary:PDF Full Text Request
The agreement jurisdiction system is not too long in our country.However,as our rule of law is accelerated,the agreement jurisdiction system is more and more popular.Agreement jurisdiction system not only reflects the parties to their own rights and interests of the punishment,but also reflects the right to their own procedures,is a conform to the needs of the development of the system.With the autonomy of meaning as the core,the agreement jurisdiction system requires the parties to fully exercise their rights,which is in line with the growing awareness of the rights of our citizens need.Since the establishment of the Jurisdiction System,there has been such a problem since the establishment of the Jurisdiction System,and the academic circles have also made unremitting research and exploration of this system,and the Standing Committee of the National People’s Congress has revised and improved the agreement jurisdiction system in the process of legal revision.However,the problems in the Jurisdiction system have not been resolved,the scope of the jurisdiction of the agreement,and the challenge of the jurisdiction of the agreement under the Internet context are urgently needed to be addressed by the agreement jurisdiction system.This paper tries to study the problems existing in our country from the actual situation in our country,and study and analyze the foreign related systems so as to put forward some opinions on the perfection of the agreement jurisdiction system in our country,with a view to the theory and practice of the agreement jurisdiction system.Have the benefit.This paper mainly from the current basic system of our country,and study the rules of the jurisdiction of the countries outside the agreement,learn from nutrition,to improve the agreement jurisdiction system to make their own recommendations.From the structure is mainly divided into four links,from the issue of the problem to the solution.First of all,before the question is raised,it is necessary to understand the basic concepts and basic theories of the jurisdiction of the agreement.Only after understanding the basic concepts and theories can we do further research.Because it is the basis of a system,is the fundamental jurisdiction of the agreement lies.Each system is built from the smallest concept,the smallest of these concepts is basically a system of the soul.Secondly,after understanding the basic concepts and theoretical basis of the jurisdiction of the agreement,we need to ask questions,that is,the issues that the jurisdiction of the agreement may face in the course of application.Real society iscomplicated,when a rigid system encountered the vagaries of social reality,there will be many difficult to reconcile the problem.Agreement jurisdiction system is no exception,in the course of practice,the agreement jurisdiction system also has a lot of problems,from the jurisdiction of the agreement itself,the agreement under the jurisdiction of the conditions allowed for many scholars criticized the applicable conditions are too narrow,and not completely Release the restrictions on the parties.In the case of contractual jurisdiction and other systems,the same is true of the contractual jurisdiction in the case of contractual disputes.These problems are based on the basic theory of civil litigation and are the conflict between procedural jurisprudence and substantive jurisprudence reflect.With the advent of the Internet era,a large number of institutions have to accept the Internet baptism and challenges,protocol jurisdiction system is one of them.The Internet in a new way,a new perspective,forcing people to rethink the jurisdiction of the agreement jurisdiction.In this case,the jurisdiction of the system outside the jurisdiction of the agreement is the precursor of our system,many aspects in front of China,is the Chinese teacher is also an example of China’s learning.Through the understanding of the various aspects of the system of extraterritorial agreements,from which to learn from the benefits,remove the dross.But based on the lack of relevant foreign data,most of them are second-hand information,most of the translation from abroad,therefore,in the study of foreign systems are subject to great restrictions.Finally,after the relevant issues are raised,the next step is how to improve the jurisdiction of our agreement.This article starts from the problems encountered in our country practice,combines the basic theory and the foreign experience,the breakdown of the problem,put forward the perfect suggestion.The most important recommendation of a system is practical,so this paper is based on empirical research methods to demonstrate the feasibility of improving the proposal.How to improve is the core of this article is the most important.Only rigorous demands,full argument,can we make constructive comments.
Keywords/Search Tags:Civil action Civil, Procedure Law, Agreement jurisdiction outside the Internet
PDF Full Text Request
Related items