Study On Centralized Jurisdiction Of Civil Litigation

According to the reform plan of "Exploring the establishment of a judicial system that is properly separated from administrative divisions" proposed by our country,certain courts can exercise jurisdiction over specific cases across jurisdictions originally established in accordance with administrative divisions,that is,centralized jurisdiction.As an important part of the jurisdiction system,centralized jurisdiction is not only related to the legitimacy of the court's jurisdiction under the reasonable allocation of judicial resources,but also related to the protection of the parties' right to litigation.China's exploration of centralized jurisdiction in the field of civil litigation can be divided into centralized jurisdiction in special courts and centralized jurisdiction in ordinary courts.Special courts have been established since the early days of the establishment of new China,while centralized jurisdiction in ordinary courts can be traced back to the provisions of the centralized jurisdiction of Foreign-Related Civil and Commercial cases in 2002.At present,the centralized jurisdiction of special courts has developed,such as the newly established centralized jurisdiction of intellectual property courts and financial courts in certain areas,while the centralized jurisdiction of ordinary courts is more diverse.Several professional courts have also been established to centralize jurisdiction over specific cases in a certain area.It is worth noting that the source of the rules for centralized jurisdiction of these ordinary courts generally comes from the judicial interpretation of the Supreme Court.The setting of centralized jurisdiction for courts is actually exclusive to the court's official right.Centralized jurisdiction is an adjustment to the jurisdiction system in the current Civil Procedure Law.The adjustment in the form of judicial interpretation is lack of legal basis.Jurisdiction as a kind of judicial power,the adjustments should be stipulated by law.That is,the system of centralized jurisdiction should be reflected in the "Civil Procedure Law".But there is currently no relevant regulation.Examining the practice of centralized jurisdiction in China,we can find that when our courts deal with disputes involving centralized jurisdiction in specific cases,the referee basis often directly refers to the provisions of the Supreme Court concerning centralized jurisdiction.The court-based nature of our courts on centralized jurisdiction is an obvious fact.In addition,centralized jurisdiction also has problems such as unclear standards and easy to cause conflicts in jurisdiction,and the court has adjusted the jurisdiction to facilitate its own hearing to a certain extent,which damages the litigation rights of the parties and causes inconvenience for the parties.Although there are many problems with centralized jurisdiction,scientific and reasonable centralized litigation in civil litigation is necessary for its existence,which shows that the jurisdiction system has a certain flexibility to make up for the shortcomings of establishing a jurisdiction system based on principle under normal circumstances.In other words,the current legal jurisdiction system is difficult to adapt to the special needs in reality in some cases,and the lag of the law also makes the legal jurisdiction system rigid to a certain extent.As an exception to the statutory jurisdiction system,centralized jurisdiction can bring flexible development to the existing jurisdiction system and make the centralized jurisdiction system and statutory jurisdiction coexist in a balanced state.In this regard,it is necessary to improve the centralized jurisdiction of civil litigation in China from the perspective of legislative principles and specific system design.On the one hand,on the basis of the combination of principle and flexibility,the legislative principle of centralized jurisdiction in civil litigation is established,including the principle of law,fair priority,efficiency,and convenience.On the other hand,improve the specific system of centralized jurisdiction for civil litigation in China.For example,clarifying the standards of cases under centralized jurisdiction,developing supporting mechanisms to facilitate litigation by the parties,ensuring the functions of puratorate are exercised and so on.In short,the system design of centralized jurisdiction is conducive to the standardized operation of the entire litigation jurisdiction system,better mitigating local interference in the judiciary,improving the high-level trial of specific cases,protecting the legitimate rights and interests of the parties,and achieving judicial justice.