Study On Responding Jurisdiction System Of The Civil Litigation

The responding jurisdiction system is an important part of the jurisdictional system,which is based on the consideration of reducing the litigation of the parties and saving judicial resources.It makes the jurisdiction of the non-jurisdictional court to obtain jurisdiction through the specific litigation of the parties.The establishment time of China's responding jurisdiction system is still late compared with other countries.For the first time,the system stipulates the foreign-related civil procedure in the Civil Procedure Law of 1991,which was subsequently amended in the Civil Procedure Law of 2012 to apply domestic and foreign civil procedures,and in 2015,the Supreme People's Court's Interpretation of the Application of the Civil Procedure Law further clarified the form of expression of the respondent's response.Due to the short time of setting up the responding jurisdiction system in China's Civil Procedure Law,the court's application premise to the responding jurisdiction system is not clear in the judicial practice;and its judgment standard is rather vague,causing various problems.If the court has jurisdiction to determine the jurisdiction,the court has constituted the jurisdiction of the responding but transferred to the jurisdiction,the court forcibly determined that the jurisdiction of the respondent and the judgment criteria of the corresponding courts in the lower and upper courts were different.The responding jurisdiction system is not well operated in judicial practice,and it is difficult to realize the original intention and legislative value of the system.The main reasons are: the legislative provisions of China's responding jurisdiction system are rough,and the specific rules are lacking;the relevant systems and the responding jurisdiction system cannot be effectively connected,even the conflict is constantly.In addition,In the judicial practice,when the court applies the system,it often routinely avoids the obligation to review the “respondent”,arbitrary or non-establishment of the jurisdiction of the responding has occurred.Moreover,the accused has misunderstood the period during which the jurisdictional objection was filed,resulting in the inability to exercise the jurisdictional dissent right in time.In order to solve the above problems,it is recommended to take the following measures in combination with the applicable situation of the court corresponding jurisdiction system in judicial practice: refine the response to the jurisdictional rules;increase the court's interpretation obligations;and coordinate the conflict with the transfer jurisdiction system.In this way,we ensure the good operation of the responding jurisdiction system and realize its legislative value and function.