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Research On Jurisdiction System Of Civil Agreements

Posted on:2019-01-14Degree:MasterType:Thesis
Country:ChinaCandidate:W L ZhuFull Text:PDF
GTID:2416330545495883Subject:Law
Abstract/Summary:PDF Full Text Request
The jurisdiction of agreement is an important manifestation of the autonomy of private law in civil procedure.It is not only the recognition and recognition of the party's procedural right of disposition,but also the respect for human rights.The establishment of the system is an extension of party autonomy in the litigation process.It has far-reaching implications and significance for the realization of fairness and justice in civil litigation and the improvement of judicial efficiency.The agreement jurisdiction system has not been established in China for a long time,and it is still being explored continuously.Perhaps because of this,the attitude of the legislators to the system is very cautious,although it has been revised and the interpretation of the judicial interpretation has been continuously added.Perfection,but there are still many loopholes in the design of the system,especially in the institutional design of the relationship between the jurisdiction and responding jurisdiction.Nowadays,China's rapid economic and social development has made great strides in the field of business,external communication,and the public's legal consciousness,and requires more space for rights and autonomy in civil procedure.It has become an increasingly important issue.This article starts with the historical development route of the jurisdiction system of the agreement,combines the current national conditions of our country,conducts in-depth investigations and studies,and attempts to discuss in depth the issues currently existing in the jurisdictional system of our country's agreement,and then put forward more rationality and Applicability of the proposal to improve China's relevant legal system and related theoretical research gains.In addition to the introduction part,this article mainly includes four parts.The first part mainly discusses the general outline of the jurisdiction system of the agreement,starting with the concept and characteristics of the jurisdiction of the civil agreement,and then through an in-depth analysis of the legal principles that the system follows,the agreement jurisdiction system will be comprehensively analyzed and understood.The second part focuses on the current status of the design of China's contract jurisdiction system,discusses its existing problems in depth,mainly stands in the perspective of its relationship with responding jurisdiction,and the breakthrough of the jurisdiction of responding jurisdiction to the agreement.The other issues raised are investigated.The third part mainly starts from the perspective of comparative law research,selects the representative countries of the civil law system and the Anglo-American law system,and conducts in-depth research on the provisions of its jurisdictional system of jurisdiction and the theory and system design of the corresponding jurisdiction of different countries.The fourth part is based on China's judicial status quo,combined with China's actual national conditions and advanced foreign experience,and puts forward a number of consummation proposals for the relevant systems under the jurisdiction of the agreement.The recommendations are mainly from the implied agreement governing the perfection,responding jurisdiction and implied agreement.The three aspects of the coordination of jurisdiction and the court's obligation to inform were discussed in depth,and suggestions for relative rationalization were put forward.
Keywords/Search Tags:Consensual jurisdiction, Responding jurisdiction, Scope of application, Autonomy
PDF Full Text Request
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