Study On Improving The System Of The Civil Jurisdiction Agreement

With the development of society, the full liberalization of social, economic prosperity and political stability, commercial activities that including foreign elements has become increasingly frequent, in this situation, the original provisions of the agreement under the jurisdiction of civil litigation system has shown its lag, since the jurisdiction of the system is the beginning of the proceedings, the agreement is a fully reflect the jurisdiction of party autonomy, the dominant position of the parties to respect the system to give the parties full right to choose the procedure, Therefore the agreement jurisdiction rules are clear and specific, fair or not, related to the litigants, but also reflects the court judicial authority.However, our agreement jurisdiction system along with the continuous development of society, has been difficult to meet the needs of judicial practice. Although the newly modified suing a greater change in jurisdiction by agreement, but there are still some shortcomings point through which Chinese scholars study protocol for the domestic jurisdiction of the system is mainly for foreign jurisdiction by agreement and compared to derive less points and the perfect place later revised to establish a unified domestic and foreign agreement jurisdiction system in 2012, the domestic jurisdiction by agreement applicable to the types of cases expanded property rights disputes, the court also extended the range of selectable from the past five categories defined by the courts to require only the presence of the dispute The actual link to this stage and have basically reached a unified foreign stage research has told foreign jurisdiction without comparing many ways you can go more perfect, such as the agreement with the foreign jurisdiction system for comparison. Therefore, improving the agreement jurisdiction system should be urgent and practical significance.The article is divided into four chapters:The first chapter is an overview of the agreement jurisdiction, including the concept, characteristics, development history of agreement jurisdiction, and effectiveness.The second chapter expounds the theoretical basis of agreement jurisdiction and the functional role.Third chapter by describing the current situation of the agreement jurisdiction, such as the establishment of a unified agreement jurisdiction system, domestic case type of agreement jurisdiction is applied to the property rights disputes, the selection of domestic agreement jurisdiction of the court get to a certain extent the scope of extension, the domestic civil action increased the implied agreement jurisdiction system to discusses the shortcomings of the agreement jurisdiction.The fourth chapter by describing China’s historical and cultural and economic basis to put forward the countermeasures for the perfection of agreement jurisdiction.