Study On Our Country's Responding Jurisdiction System

The system of responding jurisdiction,as a long-standing litigation system originated from the ancient Roman law,is a conventional litigation system in many civil lawsuits in many countries and regions.The Civil Procedure Law of China was not formally established in 2012.Although China's Civil Procedure Law of 1991 stipulated the jurisdiction of responding in the foreign-related procedure,but only because of the “foreign-related” nature of the foreign-related case,the system design must first proceed from the protection of China's sovereignty,and consider In line with this,the party has set this provision as an "expedient measure" in legislation.In fact,at that time,China did not really accept and recognize the jurisdiction system of responding to the case.The reasons are: First,China's long-standing legal concept of“misrepenting must correct”;second,the party's litigious mode of litigation under the mode of power Strict restrictions on the right to dispose and procedures;Third,China's unique conditions for prosecution and strict filing and review systems.However,with the development of all aspects of our country's society,the responding jurisdiction system was really accepted and recognized in China in the event that the above-mentioned impediments were eased or eliminated,and this was really established in the “Civil Procedure Law” in 2012.However,as a "young" system in our country,the legal provisions of the jurisdiction system of responding to the lawsuit are rather tedious,and the provision of rules is obviously insufficient.There are still many problems in the system structure that need further clarification;and the system of responding jurisdiction involves many related civil The litigation system has the influence of affecting the whole body.In order to ensure the application of the system,it needs to coordinate its relationship with the relevant system;in addition,the legislation and practical experience of our country's responding jurisdiction is short,and the practical operation of the system is also difficult.This article will try to base ourselves on the actual situation in China and draw lessons from the extraterritorial experience.Based on the analysis of the reasons for the formation of China's responding jurisdiction system,we understand and grasp the judicial environment and legislative value that our country's responding jurisdiction system is rooted in,and take the actual situation in China as the starting point and the foothold to carry out follow-up system research.The establishment of the system is mainly a revision and regulation of the courtpractice in previous practice.It has positive significance in safeguarding judicial authority,degree of stability,efficiency of litigation and economy,and respect for the subjectivity of the parties,and is in line with the direction of judicial reform in China.We will explore the above issues from the perspective of interpretation or legislation and put forward our own understanding and suggestions.On the one hand,it is necessary to further clarify the composition of China's responding jurisdiction system.First,as a form of agreement jurisdiction system,juxtaposed with the express agreement jurisdiction system,the scope of application of the jurisdiction system of the respondent should be consistent with the provisions of the express agreement jurisdiction system,and does not apply to cases of personal disputes;second," In the elements of not mentioning jurisdictional objections,the subject of objection to jurisdiction shall be the subject of the elements of responding jurisdiction,and shall be limited to the defendant.The object of jurisdiction objection is to judge whether the objection raised by the defendant belongs to the jurisdiction objection,and its scope should be limited to territorial jurisdiction and level jurisdiction.Judging from the aspects of judicial efficiency,litigation economy,procedural stability,and institutional convergence,it is more appropriate to define the deadline for the defendant to raise a jurisdiction objection during the filing of the defense statement.Thirdly,the content of the defense in the “response to reply”element must be an entity-based question.The form of the defense is not limited to verbal,and the defendant can respond to the entity before the end of the first-instance debate.Fourth,from the actual situation in China,it should be The provision of the court's obligation to inform is conducive to standardizing the plaintiff's lawsuit and the court's trial.On the other hand,it is necessary to straighten out the relationship between the system of responding jurisdiction and related systems,and to ensure the application of the system of responding jurisdiction.First,there is still a place for responding to jurisdiction under the current filing system in China,and as China's judicial reform continues to advance and deepen,changes in the filing system need to be complemented by the system of responding jurisdiction;second,coordination should be The relationship between the jurisdiction system and the transfer jurisdiction system distinguishes between the application of the jurisdiction of the responding jurisdiction or the transfer of jurisdiction in different phases of the litigation.In order to ensure the application of the jurisdiction system of the respondent jurisdiction,it is particularly emphasized that the court shall not directly select the court when it discovers that there is no jurisdiction in the area during the filing of the reply.Aftertransferring the jurisdiction,the parties should be informed of the fact that they do not have jurisdiction and wait for their reaction and then deal with it differently.In addition,our country's courts have discovered that the way in which jurisdiction is transferred in the event of a territorial jurisdiction is in need of reform.In order to regulate the court's right to transfer and reflect the doctrine of the adversary,it is necessary to transfer the ex officio authority to the jurisdictional change and apply for jurisdiction under the application.