Study Of The System Of Submission To Jurisdiction Of Civil Litigation

The system of submission to jurisdiction of civil litigation was firstly promulgated in the revised procedural law of 2012.On the condition of respecting the party's autonomy,the system greatly empowers the party to dispose the rights and interests of action and makes the party's position of subjects in judicial proceedings prominent.At present,there is merely simple and abstract theory of this system,which troubles the specific operation in judicial practice to some extent.Being a "newly born" one,the system of submission to jurisdiction of civil litigation reveals a lot of problems in the practice of civil litigation.To be specific,the definition of"response to action and defense' in the concept is unclear and the standards for confirmation are ambiguous;the court's regulation on the requirements for notification is not definite;the scope for submission to jurisdiction has not been defined yet;there is no regulation on whether it can be applied to the third party,etc.The existence of these problems above severely restricts the utility of the system and hinders the realization of its legislative value Thus,the legislative expression of "response to jurisdiction' and the standards for its confirmation should be made explicit;the system of notifying submission to jurisdiction of civil litigation should be established;the scope for applying the submission to jurisdiction of civil litigation should be defined clearly;and the exercise of the third party's rights in submission to jurisdiction of civil litigation should be regulated definitely.The study of submission to jurisdiction of civil litigation is helpful to the smooth promotion of civil hearing procedures and effectively save judicial resources.In addition,it is helpful to solve disputes and relieve the party's exhaustion for litigation.