The Thesis Of The Supplemental Jurisdiction In Civil Action

Supplemental jurisdiction is not fully studied in theory,and the legislative rules are unclear.As a result,there are many problems in the application of supplemental jurisdiction in judicial practice.It is imperative to complete the theoretical system analysis and rules of the supplemental jurisdiction.This paper focuses on the theoretical system analysis,judicial practice investigation,and rule construction,with a view to benefiting the application of the supplemental jurisdiction in China's civil lawsuits.The article is divided into four parts: The first part sorts out the definition,nature and value of the supplemental jurisdiction from the perspective of theoretical analysis,and makes a typed analysis of the supplemental jurisdiction.The second part analyzes the basis of the supplemental jurisdiction —the implicated relationship,and divides the implicated relationship into de facto implicated relationship and legal implicated relationship.The third part examines the provisions of the jurisdictional system involving law,judicial interpretations and related approvals,and the specific judicial practice in China.It also analyzes the problems and causes of the operation of the supplemental jurisdiction system.The fourth part is to construct the applicable principles and rules of the supplemental jurisdiction.