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Our Country Present Special Region Jurisdiction System’s Consummation

Author: WanXiaoYong
Tutor: HuYaQiu
School: Suzhou University
Course: Legal
Keywords: Special territorial jurisdiction of civil Defect Perfect Abuse of rights of Regulation
CLC: D925.1
Type: Master's thesis
Year: 2008
Downloads: 165
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Abstract


Special geographical jurisdiction system is an integral part of civil procedure affordable program , which aims to help the parties to set participate in the proceedings and the trial court , in order to achieve the economic litigation . The interests of the parties or the Third Party Programs or entity interests are infringed upon, for the parties to provide comprehensive jurisdiction rules to ensure the maintenance of the legitimate interests of the parties and the Third Party , is one of the important tasks of Civil Procedure . However, due to the existing legislation on the special requirements of local jurisdiction system there are many defects , but also much less than what we want to achieve , and therefore the value of research , and improve the necessary . The first part introduces the basic theory of special territorial jurisdiction , which is to analyze the special territorial jurisdiction of the concept, characteristics , and then analyzes the special status of territorial jurisdiction , including the legislative and judicial practice defect chaos , and later analyzed the confusion generated , defects. The second part focuses on how to establish from the special territorial jurisdiction of civil guiding philosophy and principles of the system , and the third part of the detailed analysis of the current civil special territorial jurisdiction System. I believe that the current system of special territorial jurisdiction have three questions : First , the special geographical jurisdiction system in the entire jurisdiction system in place and there is no other system could be compatible with the value of its own existence and necessity . Second, the definition of general territorial jurisdiction , the special territorial jurisdiction , exclusive jurisdiction , the agreement governing the relationship between the . Third, in order to improve the jurisdiction of the contract as an opportunity to promote China's development of civil procedure options , thereby affecting the status of parties to the main proceedings fully established , may well be a useful attempt. The fourth part of the existing system of special territorial jurisdiction of the chaos in the judicial practice , in addition to improving the special territorial jurisdiction proposed rule , we also need to abuse of jurisdiction options ( including the choice of the parties and the court abuse abuse of power ) of the act make the necessary regulation.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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