2011•Journal of Shandong University of Science and TechnologyRequires access

Conflicts and Ambiguities in the Provisions Concerning Civil Territorial Jurisdiction

Wang Cibao

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Abstract

General jurisdiction,special jurisdiction and exclusive jurisdiction are several fundamental concepts in the system of civil territorial jurisdiction.But the relationships among them are not rational and scientific in China's current legislation and the presentation of some provisions is imprecise and even illogical,which results in the conflicts among general jurisdiction,special jurisdiction and exclusive jurisdiction,and conflicts within provisions of exclusive jurisdiction itself.Only if we clear the relationship between these jurisdiction terms and eliminate the ambiguities and contradictions in concerning provisions,can the system of civil territorial jurisdiction effectively manifest its functions and value.

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What this paper is about

General jurisdiction,special jurisdiction and exclusive jurisdiction are several fundamental concepts in the system of civil territorial jurisdiction.But the relationships among them are not rational and scientific in China's current legislation and the presentation of some provisions is imprecise and even illogical,which results in the conflicts among general jurisdiction,special jurisdiction and exclusive jurisdiction,and conflicts within provisions of exclusive jurisdiction itself.Only if we clear the relationship between these jurisdiction terms and eliminate the ambiguities and contradictions in concerning provisions,can the system of civil territorial jurisdiction effectively manifest its functions and value.

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Available abstract

General jurisdiction,special jurisdiction and exclusive jurisdiction are several fundamental concepts in the system of civil territorial jurisdiction.But the relationships among them are not rational and scientific in China's current legislation and the presentation of some provisions is imprecise and even illogical,which results in the conflicts among general jurisdiction,special jurisdiction and exclusive jurisdiction,and conflicts within provisions of exclusive jurisdiction itself.Only if we clear the relationship between these jurisdiction terms and eliminate the ambiguities and contradictions in concerning provisions,can the system of civil territorial jurisdiction effectively manifest its functions and value.

Key concepts: Jurisdiction, Subject-matter jurisdiction, Law, Political science, Intervention (counseling), Legislation, Original jurisdiction, Exclusive jurisdiction

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