Research On The Implicated Jurisdiction Of Civil Litigation

For the implicated jurisdiction in civil litigation,although there is no clear stipulation in the jurisdiction system legislation of our country,it has the realistic need of existence.Implicated jurisdiction eliminates the jurisdictional obstacles in the consolidation of actions,and provides the jurisdictional basis for it,which is conducive to the effective connection between the jurisdictional system and the system in the consolidation of actions.In addition,it also has the value of avoiding conflict judgment and saving judicial resources.Due to the absence of norms,implicated jurisdiction can only deduce relevant applicable rules from the provisions on consolidation of actions closely related to it.At the same time,due to the lack of a clear and unified rule system,there are some problems in the application of implicated jurisdiction.By studying the implicated jurisdiction in civil litigation,it is hoped to provide some suggestions for the application rules of implicated jurisdiction.The paper consists of the following four parts:The first part defines the basic theory of implicated jurisdiction in civil litigation.Implicated jurisdiction refers to the existence of implicated relationship between two or more proceedings.Although the court to be sued has no jurisdiction over one or part of the proceedings,it obtains jurisdiction based on the implicated relationship between the proceedings and tries all the proceedings together.The nature of implicated jurisdiction should be defined as territorial jurisdiction in legal jurisdiction.Through the value analysis method,it is concluded that implicated jurisdiction has the value of providing jurisdiction basis for the consolidation of partial actions,finding out the truth of the case and reducing the litigation cost.The second part studies the scope of application of implicated jurisdiction in civil litigation.Due to the absence of implicated jurisdiction in China’s civil procedure legislation,it is closely related to the system in consolidation of actions..Therefore,the scope of application of implicated jurisdiction can be examined through the relevant provisions of litigation consolidation,including implicated jurisdiction of simple consolidation,implicated jurisdiction of counterclaim,implication jurisdiction of third parties with independent claims and implication jurisdiction of cross-claim proceedings.The third part analyzes the problems and causes of the implicated jurisdiction in civillitigation.Due to the imperfection of the system in the consolidation of actions in China,the ambiguity of the determination standard of implicated relationship,the large discretion of judges and the unreasonable limit of jurisdiction review in judicial practice,the application scope of implicated jurisdiction in China is relatively narrow,and there are the disadvantages of implicated jurisdiction breaking through the grade of jurisdiction,and the parties maliciously create implicated relationship.The fourth part puts forward suggestions for improving the rules of civil litigation implicated jurisdiction.One is to make clear the judgment standard of the scope of application of the involved jurisdiction.Taking the implicated relationship between the lawsuit and the lawsuit as the judgment standard of the applicable scope of implicated jurisdiction,and analyzing the specific identification factors of implicated relationship.The second is to establish the conflict rules between implicated jurisdiction and exclusive jurisdiction,grade jurisdiction and agreement jurisdiction,so as to avoid abusing implicated jurisdiction.The third is to set up the applicable procedures of implicated jurisdiction.In order to avoid the abuse of implicated jurisdiction by the court and the parties,it is necessary to set up the starting procedure of the litigant’s filing suits of consolidation and the court’s reviewing jurisdiction,and the relief procedure of the litigant’s raising objection to jurisdiction,so as to realize the mutual check and balance between the litigant and the court.In addition,it is necessary to analyze the specific trial of implicated jurisdiction procedure,in order to better improve the rule system of implicated jurisdiction,and realize the value of implicated jurisdiction.