Research On The Responding Jurisdiction System Of The Civil Litigation

As one of the important contents of the litigation jurisdiction system,the responding jurisdiction first appeared in ancient Rome.Urbian mentioned in the notice:"if the parties agree to accept the trial even though they know that they are not under the jurisdiction of a certain judge,it is regarded as the permission of the parties,but if the parties mistakenly think that they are under the jurisdiction of the judge,such jurisdiction will not be established." This view reflects the rudiment of the system of responding jurisdiction,which lays the foundation of theory and Practice for the following British "implied agreement jurisdiction",German"jurisdiction arising from the debate without questioning" and Japanese "responding jurisdiction".With the continuous development of the jurisdiction system in various countries,the theory is gradually improved,and the provisions on the establishment conditions and specific application are more strict and detailed.Finally,a modern jurisdiction system is formed,which also brings a lot of enlightenment and reference for the application and improvement of the jurisdiction system in China.In our country,the system has not been established for a long time.The civil procedure law issued in 1991 first stipulated the system of responding jurisdiction in 245 articles.However,it adopted the legislative mode of two track system,which stipulated that responding jurisdiction only applies to foreign-related civil cases.In Article 127 of the Civil Procedure Law revised in 2012,the former two track system was changed into a single track system,which expanded the scope of application of the jurisdiction of response from the original only applicable to foreign-related civil cases to also applicable to domestic civil cases.The judicial interpretation of the civil procedure law formulated in 2015 has made clear provisions on the specific application of the litigation response jurisdiction system in article 223.The establishment of this system is of great significance to improve the efficiency of litigation,safeguard the legitimate rights of the parties,and realize the fairness and justice of the law.However,due to the establishment of the jurisdiction system in China is relatively short,the legal provisions are still relatively simple,so there are still some problems in the implementation of the system,which is not conducive to the function of the system and the realization of the value.Therefore,based on the analysis of the current situation and existing problems of China’s litigation response jurisdiction system,the author puts forward specific suggestions to improve the system.In this paper,through empirical research,literature analysis,comparative analysis and other research methods,we study the jurisdiction system.Specifically,this paper consists of the following five parts:The first part is the introduction.It includes the research background,significance,research methods,literature review at home and abroad,article innovation points and basic structure arrangement.The second part is an overview of the jurisdiction system.In this part,the author introduces the concept and characteristics of the litigation response jurisdiction,analyzes the relationship between the litigation response jurisdiction system and other relevant systems,and discusses the value of the litigation response jurisdiction system from three aspects:maintaining the stability of the procedure,realizing the autonomy of the parties’ will and saving the litigation cost.The third part is the jurisdiction system of responding to litigation in the perspective of comparative law.Through the comparative study of the civil law system and the common law system,this paper summarizes the experience that can be used for reference.The fourth part is the legislative status quo and existing problems of China’s litigation response jurisdiction system.This part first analyzes the current situation of the legislation of the jurisdiction system in China,and then points out the existing problems of the jurisdiction system in China,including the unclear definition of the establishment time of the jurisdiction system in response,the vague scope of application of the case,whether the court undertakes the obligation of notice,the conflict between the jurisdiction system in response and the jurisdiction system of transfer,and the lack of corresponding measures and mechanisms.The fifth part is the suggestions to improve the jurisdiction system of responding to litigation.In view of the problems existing in China’s litigation response jurisdiction system,this part puts forward specific suggestions for improvement,including:clear definition of the establishment time,specific application of case types,procedural notification obligation of the court,connection between litigation response jurisdiction system and transfer jurisdiction system,and establishment of corresponding error correction mechanism.