| The jurisdiction system established by civil litigation allocates the basic powers for initiating litigation procedures to the courts horizontally and vertically.It is judged not only to the realization of the right to prosecute the party,but also to the rationality of the court’s exercising jurisdiction.The jurisdiction system determines the basic jurisdiction of the court where the court proceedings are commenced and relates to the rights of the parties concerned.This recognition is also connected to the rationality of exercising jurisdiction.The civil litigation act of the People’s Republic of China first applied jurisdiction over domestic civil proceedings.Since then,in2015,the "judicial interpretation of civil litigation" in the Supreme Court of Japan concerning the application of the code of civil procedure to the People’s Republic of China(hereinafter referred to as "2015")was described on the application of the process and jurisdiction system.However,there are still various problems in the litigation jurisdiction system,whether in legislation or judicial practice,such as unclear applicable standards,conflicts with related jurisdiction systems,and possible infringement of the parties’ jurisdiction rights,etc.,making the litigation jurisdiction system unable to give full play to its responses.Some utility,leading to its legislative value hindered.Therefore,the research on the jurisdiction system for proceeding to proceedings in Japan must be more detailed.While fully drawing on the legislation and practical experience of the jurisdiction system of response to litigation outside the territory,we should consider our country’s actual national conditions and improve the jurisdiction system of response to litigation.This topic uses an analysis of the legislative and judicial practices of the corresponding litigation jurisdiction system to discover problems and offer suggestions for improvement.In addition to the introduction and conclusion,this article contains four parts.The first part comprehensively discusses the basic theory of the lawsuit jurisdiction.Through the analysis of the concept,application conditions,and legislative value of the lawsuit jurisdiction,it manifests the necessity of the lawsuit jurisdiction system and the instancy for further improvement.Further research on the jurisdiction system has laid a theoretical foundation.The second part investigates and analyzes the jurisdiction system of responding to litigation outside the territory.Obtain the corresponding enlightenment by analyzing the legislative clauses of the jurisdiction system for civil law and common law proceedings.The third part examines the current state of legislation and practices in my country’s litigation jurisdiction,which includes avoidance of court review obligations,unclear application criteria,inconsistencies with transfer jurisdiction,and lack of jurisdiction.Point out that there is a problem.Of the defendant’s jurisdiction protection.Finally,on the above issues,proposals have been made on how to improve our country’s jurisdiction system to respond to proceedings.It is recommended to clarify the review obligations of the court,improve the applicable standards,correct the relationship between jurisdiction and transfer jurisdiction,increase the protection measures for the defendant’s jurisdictional rights,and complete the research on the jurisdiction system of responding to litigation. |
