Research On The Jurisdiction Of Construction Engineering Design Contract Disputes ——Taking Three Typical Cases As Perspective

The jurisdiction of the case has a significant impact on the litigation,it is an important guarantee for effective settlement of disputes.Due to imperfection of legislation and the disunity of judicature.Construction engineering design contract disputes are closely related to China’s real estate economy,if it is allowed to develop,it is bound to affect the healthy development of the real estate economy.Therefore,the jurisdiction of this type of cases needs the joint efforts of the legislature and the judiciary.The issue of jurisdiction over disputes over construction engineering design contracts has not been well resolved,mainly due to disputes in the following three aspects:firstly,there are still disputes over whether it is based on the exclusive jurisdiction of real estate disputes or the jurisdiction of general contract disputes;Secondly,when determining its application of jurisdiction,whether it can only determine the case application of jurisdiction by taking the cause of case as the only element;Thirdly,when the construction engineering design contract disputes are governed according to the general contract disputes,how to identify the place of performance of the contract,the judicial decisions around the country are not unified.In writing this article,the author selects dispute focuses in three typical cases,which are in line with the dispute points of jurisdiction in the current judicial practice,and are analyzed and explained by using the methods of case analysis,literature research and comparative analysis,and according to the existing legal provisions,judicial practice experience and academic views.This paper consists of four partsThe first part is the introduction.Firstly,introducing the research background and the significance of this paper,then summarizes the current research on the jurisdiction of the construction engineering design contract disputes,and finally expounds the research methods used in this paper.The second part briefly introduces the case of this paper and summarizes the focus of these controversies.Analyzes the judgment ideas of different courts on the jurisdiction of construction engineering design contract disputes,and finds out the focus problems and legal problems in the cases.The third part is legal analysis behind the controversial focus.Focusing on the focus of controversies and legal issues sorted out above.Firstly,it makes a legal analysis on whether the disputes of construction engineering design contract can be subject to the exclusive jurisdiction of real estate disputes,and the focus of is on the legislative purpose behind the second paragraph of Article 28 of the interpretation of Civil Procedure;Secondly,it makes a legal analysis on the rationality of determining its jurisdiction based on the cause of cases,the focus of analysis is to determine the jurisdiction of construction engineering design contract disputes based on cause of cases;Finally,it makes a legal analysis on how to identify the place of contract performance in the dispute of construction project design contract,and the analysis of"the place of characteristic performance" and "the obligation to appeal" is the key content.The fourth part is the conclusion and inspiration of the article.Based on the legal analysis of the article,the following three conclusions are drawn:firstly,the jurisdiction of construction engineering design contract disputes can be determined according to the general contract disputes,and there is no need to conduct exclusive jurisdiction according to the real estate disputes;Secondly,it is reasonable to take the cause of action as an element in determining the jurisdiction of disputes over construction engineering design contracts and there is no need to add the element of litigation object when determining the jurisdiction of disputes over construction engineering design contracts;Thirdly,according to the theory of "characteristic place of performance,the place of contract performance in the dispute of construction engineering design contract is determined.And according to the relevant conclusions,we get the enlightenment of dealing with the the jurisdiction of construction engineering design contract disputes,and put forward the following suggestions:the judicial interpretation to further clarify the applicable standard of Article 28 of the interpretation of the civil litigation;Relevant courts need to change the idea of adding the element of litigation object when determining the jurisdiction of disputes over construction engineering design contract;Uniform standards for determining the place of contract performance in disputes over construction engineering design contract;Guide the parties to strengthen the application of the agreement jurisdiction system.