The Improvement Of The Agreement Jurisdiction System In China’s Civil Procedure

As an important part of China’s jurisdiction system,China’s agreement jurisdiction system plays an increasingly important role in the rapid development of the economy.After the establishment of the civil litigation system,the public has infiltrated the concept of private law autonomy into the field of judicial relief in the context of the gradual familiarization and adaptation of the judicial process,thus realizing the autonomy of meaning throughout the judicial process and is the realistic requirement for the development of the rule of law society.The agreement jurisdiction system in China’s current legislation has been considerably improved compared with the original version.However,the legislation is inherently lagging and rigid.Although the Civil Procedure Law of 2012 has carried out the legislative reforms of the agreement jurisdiction system,the judicial interpretation of the Civil Procedure Law in 2015 has been targeted and improved,but the new social background.The development has brought about a new legal dilemma.With the economic globalization and the promotion of the “One Belt and One Road” deepening reform,the extensive use of contracts and the diversified development of contract types,the awakening of civil rights awareness and the public’s strong demand for judicial justice,we have to deal with the reality of China’s agreement jurisdiction system.The dilemma conducts targeted exploration,and analyzes the agreement jurisdiction in the typical new e-commerce disputes,the agreement jurisdiction in the traditional contract disputes,the infringement disputes involving property rights and the agreement jurisdiction in the marriage disputes,seeking further improvement of the agreement.An effective method of jurisdiction.This paper intends to start from the realistic background of economic development under the current agreement of China and the legal background of the reform of the Civil Procedure Law.It sorts out the real dilemmas in the process of China’s agreement jurisdiction system,and combines the institutional experience of extraterritorial countries to improve the system of China’s agreement jurisdiction.And the next step of legislation to put forward their own opinions and suggestions.This paper is mainly composed of three parts.The first part is the basic scope of the jurisdiction of China.This part mainly explains the basic concepts,basic characteristics,the nature of the jurisdiction of the agreement and the effectiveness of the jurisdiction of the agreement since the revision of the Civil Procedure Law of 2012.The Civil Procedure Law,which was revised in 2012,has improved the relevant conditions of the agreement and established a large pattern of the current jurisdiction of the agreement.The clear definition of the basic scope of China’s agreement jurisdiction has determined more rigorous connotations and extensions for subsequent research.On this basis,combined with the legislative background of China’s agreement jurisdiction system and the current judicial status,through targeted analysis,through the promotion of economic globalization and the "One Belt and One Road" deepening reform,the extensive use of contracts and the diversified development of contract types,citizens The summarization and analysis of the awakening of rights consciousness and the strong demands of the public for judicial justice have a clear understanding of the realistic operating environment of the agreement jurisdiction system,and laid a practical foundation for the next step to summarize the practical dilemma of China’s agreement jurisdiction system.The second part is the real dilemma of China’s agreement jurisdiction system.Based on the changes in the background of the previous jurisdictional system of China,this part selects the scope of application of typical cases,the agreement jurisdiction in new e-commerce disputes under the background of the Internet,the agreement jurisdiction in traditional contract disputes,and the agreement in the format contract.The effectiveness conflict between the jurisdictional systems is analyzed in detail,and the specific performance,academic and practical reasons are analyzed.The third part is the perfection of the jurisdiction system of China’s agreement.Combined with the legislative reform,the realistic background change and the current dilemma of China’s agreement jurisdiction system,it is proposed to improve the formal elements of China’s agreement jurisdiction,strengthen the protection of vulnerable groups,improve the registration system,and fully respect the opinions of the parties’ autonomy.However,in the specific narrative,it is still impossible to do everything.The opinions are relatively general.It is necessary to clarify the specific legislative proposals for the jurisdictional system of China in the next step.