Review And Thinking An Civil Case Jurisdiction Of Military Courts

Civil case jurisdiction of military court after nearly 30 years of development in our country, and it’s nearly 30 years of development has not sailed instead has experienced ups and downs, controversial, it is struggling in the twists and turns. Today, social development as well as in judicial practice has proved the rationality of the existence of the jurisdiction of military courts in civil cases and feasibility. However, in civil cases in the specific exercise of the jurisdiction of military courts, there are still obstacles and shortcomings, worthy people lessons, combined with the reality of the judicial and social development to more in-depth discussion and improvement.Based on military justice and the military courts jurisdiction in civil cases related to the theoretical study on civil case jurisdiction of military courts of China reviews the history, concludes the current civil case jurisdiction of military courts is unknown and it is not unreasonable. This paper argues that civil case jurisdiction of military courts of uncertainty there are four main points:first, the jurisdiction of the military courts of first instance cases standard is not clear; second, when defendant’s identity changes, jurisdiction is not clear; and third, when most is the defendant, jurisdiction is not clear; Finally, jurisdiction over the third party proceedings was not clear. Military courts jurisdiction in civil cases of unreasonable are mainly:personal jurisdiction unreasonable, as well as the provisions of the agreement for the specific competent court in the jurisdiction of unclear legal consequences is not reasonable.To solve this problem, based on the conceptual, institutional, clarity and rationality of the four put forward suggestions on civil case jurisdiction of military courts. Philosophy should reinforce the military concept of rule by law, adhere to the concepts of Justice, strengthening the protection of the right of action concept promoting military coordination concept. Institutionally, to rationalize and reform the present management system of military courts, secondly it should be people-oriented, to enhance the capability of military court jurisdiction in civil cases. PLA standard grade jurisdiction of military court jurisdiction, the defendant, accused of identity change for the majority of jurisdictions as well as the jurisdictional objection handling of third party without independent claim should be clear and to be further improved.In addition, the military civil jurisdiction of the Court should also be appropriately adjusted, cancel or amend the agreement jurisdictional court of specific jurisdiction unclear provisions of the legal consequences.In this paper, the author runs through the literature review, analysis and case study methods, such as, based on the author’s own experience and perceptions of the military courts jurisdiction in civil cases are discussed in detail. Of course, put forward ideas and suggestions in this article there are many mature areas, but actually the author of our survey and thinking on civil case jurisdiction of military’ tribunals, hope in a military court of civil jurisdiction of further development and reform of the system can be done in a modest.