Rating Jurisdiction Of Civil Litigation

Rating jurisdiction of civil litigation can't be simply regarded as the business of court itself, whether it is perfect or not affects the realization of the agents' substance right in a large extent. But the prescription about rating jurisdiction in our current law of civil litigation isn't perfect enough, even exists defects on systems. Through comparing and researching, we can know that the system on rating jurisdiction of civil litigation in china is becoming more and more mature. But it still has a large spatial difference to other courtiers. In the majority countries of the world, courts which have first-trial power are usually sorted into two kinds, while it is sorted into four kinds in china. The great majority countries divide the range of jurisdiction mainly according to the amount of the disputed-object; The shifting up of jurisdiction power is permitted in a number of countries, but there are few countries permit the shifting down of jurisdiction power; Otherwise, some other countries permit putting the case down to the inferior courts provided with the agents' agreements. This paper considers: referring to other countries, break the administrative solution model of the divergence on rating jurisdiction; solve the divergence on rating jurisdiction with the way of civil litigation procedure; take the divergence on rating jurisdiction in judicial solution model as an additive litigation related to primitive litigation, delete the prescription about the shifting down of jurisdiction power thoroughly; build a standard which mainly depends on the amount of the disputed-object with the nature of the case as supplement; permit putting the case down to the inferior courts provided with the agents' agreements. Through clarifying the method of calculation on disputed-object and shifting up parts of cases of the courts, preventavoiding rating-jurisdiction and conquer the local protectionism.