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Research On The System Of Responding Jurisdiction

Posted on:2019-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:X H WangFull Text:PDF
GTID:2416330572950842Subject:Procedural Law
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With the acceleration of the construction of the socialist legal system,the further development of the judicial reform,and the increasing efficiency of the lawsuit,the reforam of litigation is also underway.The reform of the system of responding jurisdiction in civil litigation is also a part of it.Responsibility jurisdiction is an indispensable system in the jurisdiction of litigation.The development and improvement of the relevant legal system that responds to jurisdiction is an effective measure to improve litigation efficiency,and it is also part of an increasingly perfect civil litigation.How to better implement the jurisdiction of the respondent,safeguard the rights of the parties and the powers of the court,conform to the principle provisions of the jurisdiction,enable the responding jurisdiction to serve the disputes reasonably and efficiently,and become the key to the further study of the corresponding jurisdiction system.Since the amendment of the new "Civil Procedure Law" in 2012,the system of responding jurisdiction has been established for the first time in the form of legal acts,although the system of responding jurisdiction originally applied only to cases involving foreign-related civil lawsuits to all civil cases that can be applied to cases.The scope has been further expanded,but there are still problems that need to be further solved for the system of responding jurisdiction.For example:In the theory,what is the exact concept of responding jurisdiction?With relationship between there responding jurisdiction system and the relevant jurisdictional system,what are the legal provisions of the responding jurisdiction system?How can we ensure that the responding jurisdiction is reasonable,efficient and correct in the litigation cases,and it does not conflict with other lawsuit jurisdictions;in judicial practice,the responding jurisdiction is implemented,and what is the standard of responding to the case?What kind of case does the jurisdiction of the respondent apply to?In the implementation of the relevant legal system of responding jurisdiction,how to solve it when there is a conflict with the general lawsuit jurisdiction.In view of the above problems,this paper hopes to explore,analyze,and study the comparative laws,legal logic analysis methods,normative analysis methods,and the corresponding legal issues that exist in judicial jurisdiction.By writing the respondent's reply on standard and the applicable case types into the civil procedure law,the relevant perfect legislation is accelerated,the respondent jurisdiction system is further clarified,and the effective connection between the responding jurisdiction and other jurisdictions is ensured.Tt is the effectively way to the resolution of litigation cases.This thesis consists of the following parts:Introduction,this part includes the research purpose,research significance research scope and research methods;the second part is the general theory of responding jurisdiction,this part mainly introduces the basic concept of the responding jurisdiction system.And the content;the third part focuses on the legislative status and problems of the responding jurisdiction system;the fourth part is the foreign experience and reference of the responding jurisdiction system,mainly introduces the specific legislation of the civil law system and several countries of the Anglo-American legal system.In the fifth part,through the above comparative analysis and research,the author puts forward the perfect suggestions to make up for the remaining loopholes in the system and ensure the judicial activities are more efficient;Finally,the conclusion part.
Keywords/Search Tags:civil lawsuit, jurisdictional system, responding jurisdiction, legal system
PDF Full Text Request
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