Research On The Civil Territorial Jurisdiction Of Joint Action

Modern disputes are becoming more complex,and there are more and more cases involving multiple parties.China has no clear regulations on the jurisdiction of joint litigation,and only two types of joint litigation and ordinary joint litigation are included in the types of joint litigation.Due to the lack of comprehensive theoretical guidance and support for the jurisdiction of joint litigation,The judicial interpretations related to joint litigation promulgated to solve the problems of judicial practice have led to inconsistencies in the relevant systems and have aggravated the complexity of the entire joint litigation jurisdiction system.At present,our country regards the pursuit of litigation interests and the convenience of courts as the main principles for determining jurisdiction,and places fairness and justice and the protection of the parties in a secondary position.However,in the common litigation,the jurisdictional interests are more complicated,and we need to pay attention to the jurisdictional interests in the common litigation Particularity,weigh and analyze the balance of interests between the parties.Therefore,theoretical and empirical research on the problems existing in the jurisdiction of China’s common lawsuit are carried out.In addition to the introduction and conclusion,this article is divided into four parts.The first chapter is the theoretical basis of the regional jurisdiction of the common lawsuit,including the introduction and arrangement of the connotation and system function of the common lawsuit and the regional law.Our country divides joint litigation into necessary joint litigation and ordinary joint litigation.In the civil law system,Germany and Japan have divided the types of joint litigation in more detail.The main purpose of the joint litigation system is to integrate the rights and obligations in the case,and pay more attention to the efficiency of solving the case.The existence of the regional jurisdiction system is to provide the parties with a certain jurisdiction court to start the litigation,avoiding the disorder of jurisdiction and wasting a lot of judicial resources,thereby improving the efficiency of litigation.The purpose of the regional jurisdiction of China’s common lawsuit is to combine the purpose of the common lawsuit with the purpose of the regional jurisdiction,and it is mainly based on the pursuit of litigation benefits.The second chapter is the practice and theoretical analysis of the regional jurisdiction of joint litigation.Through the combination of specific judicial cases and the provisions of the Civil Procedure Law and related judicial interpretations,it analyzes the problems in the regional jurisdiction system of joint litigation in China.It also analyzes and discusses the scope of application of Article 21,paragraph 3 of the Civil Procedure Law,the jurisdiction of the common lawsuit,and the equal protection of the interests of the defendant.The third chapter is the comparison and enlightenment of the regional jurisdiction system of joint litigation within and outside the region.It compares the regional jurisdiction system of joint litigation between the civil law system and the common law country.Among the common law jurisdictions of the countries and regions of the civil law system,the common point is that when there are multiple jurisdiction courts,the plaintiff can choose one of them as the jurisdiction court.However,the specific provisions of the joint litigation jurisdiction rules are very different,such as the priority jurisdiction of the "common special trial" courts in Taiwan,and the designated jurisdiction of Germany.The rules of jurisdiction in the combined litigation of the Anglo-American legal system are also specifically introduced,such as the foreign jurisdiction of the United States.Finally,it summarizes and analyzes the regional jurisdiction rules of common litigation in different countries and regions,and provides a reference for the research on the regional jurisdiction of common litigation in China.The fourth chapter is the suggestions to improve the regional jurisdiction rules of the joint action in China.In the first half of this paper,the theoretical research and empirical research questions are solved in turn.Through the comparison of the regional jurisdiction rules of the joint action in and out of the region,and drawing on the advantages of the regional jurisdiction rules of the joint action in different regions,such as Germany’s designated jurisdiction in the joint action,this paper puts forward a feasible way for the improvement of the regional jurisdiction of the joint action in China,in order to maintain the balance of the jurisdiction interests between the parties.