Studyof Applyingthe Systemof Jurisdiction Of Respondingto Civil Litigation

In China,the system of the jurisdiction of responding to civil litigation has been established for a short time.There are still some omissions in legislation concerning the system.The system has difficulty in coordinating with other systems of the civil procedure law.All of these factors directly affect the process of improving the system.Meanwhile,the endless problems existing in practice further hinder the efficiency and utility of the system,which makes it very hard to realize the legislative value of the system.The system of the jurisdiction of responding to civil litigation in foreign countries provides a lot of experience from which we can be inspired and learn from to apply and further improve the system in China.In order to solve the problems on account of the court in applying the system of jurisdiction of responding to civil litigation,such as evading the inspection of the application conditions for the formalization of jurisdiction,evading the obligation of carrying out the inspection of arbitrary jurisdiction,evading the obligation of investigating the exclusive jurisdiction in accordance with law,and the problems on account of the party,such as the defendant's pleading for responding to litigation owing to his or her cognitive error,the waste of judicial resources owing to the defendant's no-responding to litigation,and evading the restrictive conditions for agreement jurisdiction,we should start from both the court and the party,carry out the principle of the formalization of jurisdiction,inspect the arbitrary jurisdiction intensively,adopt the approach of function and power detection in inspecting the exclusive jurisdiction,set up the mechanism of procedure rotation to guarantee the defendant's interest of jurisdiction,to objectively judge the true will of the defendant's responding to litigation,and to clarify the category of cases for applying the system of jurisdiction of responding to civillitigation.The study of applying the system of jurisdiction of responding to civil litigation can solve the theoretical difficulties of the system,prevent its abuse,contribute to ascertaining the court's judicial power,improve the efficiency of civil litigation,and promote the realization of social impartiality and justice.