2005Shanghai Jiaotong Daxue Xuebao(Shehui Kexue Ban)Requires access

On the Basic Problems of Civil Jurisdiction

Zhang Shi-li

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Abstract

The current system of jurisdiction in our civil procedure law is too complicated and easy to cause conflicts.It lacks universality and the resolving of challenges to jurisdiction overly depends on administrative methods.So the essay suggests reforming the system of jurisdiction in order to deal with the defects in theory and practical legislation.For example,the uniform sum of litigated object should be set as the countrywide standard to decide grade jurisdiction while the nature of the litigation should be established as the standard to decide the jurisdiction in some special cases.The systems of jurisdiction on agreement and district jurisdiction should be rectified and integrated.Measures of procedural garantees in the procedure of solving challenges to jurisdiction has to be enriched and so on.

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What this paper is about

The current system of jurisdiction in our civil procedure law is too complicated and easy to cause conflicts.It lacks universality and the resolving of challenges to jurisdiction overly depends on administrative methods.So the essay suggests reforming the system of jurisdiction in order to deal with the defects in theory and practical legislation.For example,the uniform sum of litigated object should be set as the countrywide standard to decide grade jurisdiction while the nature of the litigation should be established as the standard to decide the jurisdiction in some special cases.The systems of jurisdiction on agreement and district jurisdiction should be rectified and integrated.Measures of procedural garantees in the procedure of solving challenges to jurisdiction has to be enriched and so on.

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Available abstract

The current system of jurisdiction in our civil procedure law is too complicated and easy to cause conflicts.It lacks universality and the resolving of challenges to jurisdiction overly depends on administrative methods.So the essay suggests reforming the system of jurisdiction in order to deal with the defects in theory and practical legislation.For example,the uniform sum of litigated object should be set as the countrywide standard to decide grade jurisdiction while the nature of the litigation should be established as the standard to decide the jurisdiction in some special cases.The systems of jurisdiction on agreement and district jurisdiction should be rectified and integrated.Measures of procedural garantees in the procedure of solving challenges to jurisdiction has to be enriched and so on.

Key concepts: Jurisdiction, Civil procedure, Subject-matter jurisdiction, Law, Legislation, Original jurisdiction, Political science, Universality (dynamical systems)

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