Research On Special Jurisdiction Of Civil Litigation

On October 26,2018,the sixth meeting of the Standing Committee of the 13 th National People’s Congress of the People’s Republic of China revised and passed the "Organization Law of the People’s Courts of the People’s Republic of China"(hereinafter referred to as the "Organization Law of the People’s Courts").This revision did not further clarify issues such as the type,scope and effectiveness of special jurisdiction.In judicial practice,problems such as the overlapping of the jurisdiction of special courts and the jurisdiction of ordinary courts due to unclear systems have frequently occurred,but the current academic research on special jurisdictions is still insufficient.Therefore,it is urgent to pay attention to the exploration of special jurisdiction in civil litigation.This article is based on the issue of the effectiveness of special jurisdiction,taking the phenomenon of jurisdictional competition as an entry point,combined with the application of special jurisdiction systems outside the territory,to make an in-depth analysis of the effectiveness of special jurisdiction.At the same time,this article uses empirical research methods to analyze the judgments of different specialized courts and the jurisdictional conflicts of specific cases.A multi-angle comparison of special jurisdiction with exclusive jurisdiction and agreement jurisdiction is made to clarify the jurisdictional effectiveness of different types of courts in our country,and propose ideas and perfect plans for the construction of my country’s special jurisdiction system.Through comprehensive argumentation and analysis,this article proposes the following plans for the construction of a special jurisdiction system in civil litigation: First,clarify the status of special courts.Make precise positioning of the military courts,maritime courts,intellectual property courts,and financial courts clearly listed in the "Organization Law of the People’s Courts",clarify the purpose of establishing specialized courts,judicial functions,and organizational construction,and form a systematic theory and structure of specialized courts.system.Second,improve the conflict coordination mechanism with other jurisdictions.Give special jurisdiction and exclusive jurisdiction the mutually exclusive effect,and determine that special jurisdiction takes precedence over agreement jurisdiction.Third,build a special jurisdictional effectiveness guarantee system.On the one hand,special jurisdiction and exclusive jurisdiction should be given corresponding guarantees of effectiveness.On the other hand,jurisdiction errors should be included in the retrial to ensure the parties’ right to a fair judgment and the rationality of the country’s judicial resource allocation.