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Reflection and Reconstruction of Exclusive Jurisdiction: From the Perspective of the Practice in Civil Law Countries and Districts

Wang Cibao

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Abstract

In civil law countries and districts,exclusive jurisdiction in civil procedure is generally divided into territorial,functional and subject matter exclusive jurisdiction,while in China,it is subject to territorial jurisdiction.From the perspective of civil law theories,we can readily find that the concept of exclusive jurisdiction in Chinese laws is somewhat too narrow with many important matters not included,even included,with lots of defects.There are also many problems arising from the current provisions on exclusive jurisdiction.In fact,a much broader concept should be introduced,on the basis of which the scope of exclusive jurisdiction shall be clarified and the relation with other jurisdictions reasonably arranged so as to ensure it to work well.

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What this paper is about

In civil law countries and districts,exclusive jurisdiction in civil procedure is generally divided into territorial,functional and subject matter exclusive jurisdiction,while in China,it is subject to territorial jurisdiction.From the perspective of civil law theories,we can readily find that the concept of exclusive jurisdiction in Chinese laws is somewhat too narrow with many important matters not included,even included,with lots of defects.There are also many problems arising from the current provisions on exclusive jurisdiction.In fact,a much broader concept should be introduced,on the basis of which the scope of exclusive jurisdiction shall be clarified and the relation with other jurisdictions reasonably arranged so as to ensure it to work well.

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Available abstract

In civil law countries and districts,exclusive jurisdiction in civil procedure is generally divided into territorial,functional and subject matter exclusive jurisdiction,while in China,it is subject to territorial jurisdiction.From the perspective of civil law theories,we can readily find that the concept of exclusive jurisdiction in Chinese laws is somewhat too narrow with many important matters not included,even included,with lots of defects.There are also many problems arising from the current provisions on exclusive jurisdiction.In fact,a much broader concept should be introduced,on the basis of which the scope of exclusive jurisdiction shall be clarified and the relation with other jurisdictions reasonably arranged so as to ensure it to work well.

Key concepts: Jurisdiction, Law, Subject-matter jurisdiction, Scope (computer science), Perspective (graphical), Civil procedure, Political science, China

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