Improve The Jurisdiction Of The Respondent Under The Perspective Of Comparative Law

The new "Civil Law" enacted in 2012, under the jurisdiction of the respondent to be a more detailed system requirements, it will be clear by the scope be expanded to the jurisdiction of the original jurisdiction of the respondent to expand to large foreign-related cases to domestic civil cases, to achieve a two-track single-track system to cross, the provisions of this landmark of great significance for the development and improvement of our jurisdiction system. But as a relatively new jurisdiction system, in particular the practice, there are still many problems and difficulties. This article attempts to Comparative Perspective on China’s relevant regulations responding to the jurisdiction of the proposed system integrity recommendations. First, by comparing the domestic jurisdiction system analysis, analysis of the jurisdiction of the respondent expressed agreement with jurisdiction and the jurisdiction of merger analysis to define the nature of the jurisdiction of the respondent, both qualitatively there should be statutory. Meanwhile, responding to balance the contradiction law enforcement jurisdiction and procedural subjectivity between the parties, legal protection and balance internal and external parties, balance the differences in national public and private law and will be treated between the program and the stability program benefits relations. Secondly, through the extraterritorial jurisdiction of the respondent elaborate system to civil law in Taiwan of China, Japan, Germany and the United States common law and UK, for example, by an analytical study of the system established under the jurisdiction of the respondent to comply with the main parties Standard requirements and comply with the country’s actual conditions. This again, is not clear through a comparative analysis of the provisions of the jurisdiction in responding jurisdiction system in a predetermined range of fuzzy, no reference time, the respondent informed the Court prescribed procedures and standards, and whether the respondent regime governing the applicable provisions of the Third Person each jurisdiction system, there are also civil conflict. Finally, in the vision of comparative law through extraterritorial jurisdiction system responding to the relevant part of the comparative analysis put forward suggestions for improving the system of jurisdictional litigation. In the scope of the exclusive jurisdiction is excluded, and apply personal related cases, in order to avoid the result of the next entity, while sending the application for default judgment, the party’s outstanding guarantees will, exclude the application under fraud, coercion or under the jurisdiction of the respondent. Weigh the pros and cons of the parties, save litigation resources, the creation of the court will inform the program as a right rather than a duty. On the debug program, excluding legal remedies of appeal, retrial by seeking protection, while limited to the courts and prosecutors started two ways to start the retrial of the body start to deny jurisdiction to jurisdiction objection third person. The jurisdiction of the respondent, in essence, as a supplement to the statutory provisions of the jurisdiction, the legal jurisdiction should be established under the jurisdiction of the respondent prevail, and clearly responding to the jurisdiction applicable express agreement should take precedence over the jurisdiction to resolve jurisdictional conflicts arise in the application of the system problem.