The Research On Exclusive Jurisdiction Problems

The exclusive jurisdiction system is a subordinate concept of the regional jurisdiction system,which means that it's stipulated that only specific people's courts have jurisdiction over certain types of cases.The convenience of trials,maintenance of public interests and national interests are the legislation values of the exclusive jurisdiction system,which determines that the exclusive jurisdiction is rigid,that is,it's obligatory and exclusive.Although the rigid nature of the exclusive jurisdiction enables a certain class of special cases to be resolved more quickly and protects the major interests,it also causes some problems in the system design.For example,the exclusive jurisdiction cannot be applied in coordination with other systems,and lack of remedy approaches when there is an exclusive jurisdictional error.The deficiency of the exclusive jurisdiction at the legal level also causes problems such as the vague identification of cases of estate exclusive jurisdiction in judicial practice.As a special regional jurisdiction system,the perfection of the exclusive jurisdiction system is undoubtedly of great importance to us.First of all,we need to clarify the scope of application of exclusive jurisdiction,especially to clarify the case type of exclusive jurisdiction of real estate;Secondly,we should analyze the current legal position of exclusive jurisdiction,explore the contradictory state of our civil procedure law on its rigid maintenance,and point out the problem of the lack of remedy approaches when the exclusive jurisdiction is wrong.Finally,we should put forward the specific measures to perfect the exclusive jurisdiction,including the adjustment of the scope of the exclusive jurisdiction,the coordination and application of exclusive jurisdiction and other jurisdictions,and the remedy for the error of exclusive jurisdiction.