Study On The Applicable Law Of Response Jurisdiction In Civil Litigation

In determining the competent court,the system of jurisdiction in civil litigation shall respect the wishes of the parties concerned and,without prejudice to the interests of the state,the public interest or the legitimate rights and interests of others,The indicted court shall provide a legal basis for the substantive hearing of the case and,once commenced,shall maintain stability unless the legitimate rights and interests of the parties are seriously impaired.Because different courts have different reasons for the application of litigant jurisdiction,there are four kinds of legislative interpretation modes in the legislative interpretation: presumption,imputation,loss of power and authorization.In addition,the article 127 of the Code of Civil procedure amended in 2012 is explained and compared.Article 40 of the German Civil procedure Law,Article 13 of the New Civil procedure Law of Japan,the term "other real right dispute" in Article 127 of the Civil procedure Law of our country is too vague,and there is no clear definition of the property right dispute.Whether the personal dispute can be applied to the jurisdiction system should be explored;the third party is explicitly prohibited to challenge the jurisdiction,only defendant can answer the defense;during the defense period,defendant challenges the issue of the regional jurisdiction or the level jurisdiction to the court;Defendant's defense can be divided into pleadings,responses and counterclaims.China's civil procedure law also provides for restrictions on the application of the system of jurisdiction,that is to say,the application of the system of jurisdiction.The exclusion of breaches of hierarchical jurisdiction and exclusive jurisdiction.In fact,if the parties voluntarily negotiate the case from a higher-level court to a lower-level court jurisdiction,the court does not have to refuse jurisdiction,in order to broaden the scope of application of the jurisdiction system.The revised Code of Civil procedure in 2012 marks the full application of the jurisdiction system in China's civil procedure law.With the full implementation of the jurisdiction system,there have appeared a series of cases in judicial practice,such as the compulsory determination of the jurisdiction by the court and the abuse of the jurisdiction system by the parties.In view of these problems,in order to achieve respect for the litigation of the parties,For the purpose of legislation to avoid the waste of judicial resources,the Supreme people's Court can prevent the occurrence of such problems through judicial interpretation or guidance of cases,and should also adhere to the basic idea of cooperation between responding jurisdiction and transferring jurisdiction.At the same time,it can refine the procedural application of the judicial organs,including the law.In the process of litigation,the parties should follow the legal system of civil litigation,prohibit the abuse of their rights to circumvent their legal obligations,and so on.