Searching For A Fulcrum Of The Jurisdiction: Reflection On The Principle Of "the Plaintiff For Defendants Convenience" In The Civil Jurisdiction

Fair and justice is the most basic value of laws. Therefore it has become the highestgoal for the Jurisprudence to pursue. The realization of entity justice needs fair proceduresto protect, so justice has become the eternal values of the modern system of civil procedure.Determining the distribution of justice，jurisdiction systems assume the value of protectionon rights of action，judicial justice and efficiency,is the first problem at the beginning ofcivil action procedure. The improvement of the jurisdictional system is a prerequisite forthe realization of just claim and jurisdiction. There are a lot of defects of currentjurisdictional system of China. Today, the environment of legal system is not so pleasant:local protectionism is rampant, judiciary cannot stand independent, the quality of judgesare uneven. There are all kinds of problems, such as the vague standard of jurisdiction bylevel, the unscientific limits of transference to courts of lower level, the provisions ofterritorial jurisdiction go against the rights of consumers, too many limits on agreementjurisdiction, lack of legal redressing of jurisdictional circumvention. All these problemsare growing obvious in legal system and increase the risk for litigious parties as well assabotage the rights of action under the fairness of law, which is also against the goal of fair.Therefore reform and improvement in jurisdictional system is very urgent andimportant.This paper is going to evaluate and analyze the principle of “the plaintiff fordefendants convenience” on the current general territorial jurisdiction. Focusing on thepriciple’s confusion and embarrassment, the paper is going to prove its legislation valueand the reason of existing, meanwhile puts forward the corresponding reform plan. In hopethe suggestion can help to promote our country’s jurisdiction litigation to a more scientificand systematic level.