| Level jurisdiction system,in the civil procedure law jurisdictional provisions in the opening content,the level of jurisdiction of the issue has been much attention to the litigation theory,and for the judicial practice department for a long time.The level of jurisdiction under the civil procedure law has not changed significantly,and its problems have always existed and recurred.To explore the root cause of the level of jurisdiction,think about the fundamental solution to the problem,in the theory of litigation is worth re-investigating,from the perspective of judicial practice is the need for a reasonable jurisdiction of specific cases.Civil litigation level jurisdiction refers to the distribution of civil litigation cases among courts at all levels according to certain criteria.Because there are too many problems in determining the standard,whether it is clear or unclear,have threatened the rationality of the existence of the system.It is difficult to see how measures related to judicial reform can fundamentally solve the dilemma of the existence of level jurisdiction.The reason for thinking about why level jurisdiction is provided should be the need for the relationship between courts at different levels,and some reform measures of the judicial jurisdiction system have to some extent strengthened the existing relationship.One of the goals of judicial reform is to protect the independent exercise of judicial power,the relationship between courts of different levels should be adjusted in accordance with this goal,to get rid of the administrative hierarchy.According to the relationship between the upper and lower courts required by the rule of law,there is no basis for the existence of hierarchical jurisdiction,so the content of China’s civil litigation jurisdiction system under the goal of the rule of law should be rethought.The dominant concept of China’s litigation theory,legislative and judicial departments is that the level of jurisdiction is "the specific implementation of trial rights between the upper and lower people’s courts within the court system".The principles of China’s jurisdictional legislation guided by this concept,as well as the provisions of the level of jurisdiction between the upper and lower courts and the criteria for determining the allocation of cases,constitute the basic content of China’s level of jurisdiction system.Litigation theory for the level of jurisdiction system research,focus on the level of jurisdiction of the perfection of the problem,rarely seen for the level of jurisdiction system to reflect on the rationality of the existence of;judicial departments to deal with the method is for the endless problems issued a large number of judicial interpretation or approval.In the face of this situation,it is necessary to study the level of jurisdiction itself,explore the origin of the problem of level of jurisdiction,and reconstruct the judicial relationship between the upper and lower courts within the court system in China.From the above perspective,we review the reasonableness of China’s civil litigation level jurisdiction system and expect to make a breakthrough and innovation in the theory of constructing China’s level court jurisdiction system.The criteria for determining the level of jurisdiction is the main issue of the level of jurisdiction of civil litigation in China.When the criteria of "scope of influence" and"complexity" are determined,it is not clear whether the case is significant and complex,while the criteria of"nature of the case”and "amount in dispute" are determined."amount in dispute" is the standard,although the standard is clear,but will cause the case between the jurisdictional inequality.The root cause of the above problems is that the hierarchical jurisdiction is affected by the vertical structure of the court and the division of jurisdiction,and there is also a problem of determining the criteria of hierarchical jurisdiction,which shakes the foundation of the hierarchical jurisdiction system,and the non-procedural solution of the hierarchical jurisdiction problem and its drawbacks.This paper analyzes the impact of the "provincial system" on hierarchical jurisdiction and the interaction between hierarchical jurisdiction and the trial level system.On this basis,the empirical reasons for abolishing hierarchical jurisdiction are presented from the perspectives of empirical analysis,comparative study and judicial reform requirements for hierarchical jurisdiction.The content of the jurisdictional system after the hierarchical jurisdiction can be studied with reference to the relevant systems in foreign countries,construct the basic rules of China’s civil litigation jurisdiction system,and establish and improve China’s civil litigation functional jurisdiction and thing jurisdiction on the basis of the judicial hierarchical relationship of the hierarchy of court functions. |
