The Research on the Legislative Perfection of the Consensual Jurisdiction System of Civil Procedure in Our Country
|Keywords||civil procedure consensual jurisdiction essence perfection of legislation|
Civil procedure jurisdiction by consent originated from Rome law, with full respect for the disposition of the parties, the program free and litigation subject as the foundation, its essence is the law entrusts with the litigant’s a right of action consensual jurisdiction. Of course, the right is not absolute, consensual jurisdiction is a public law system, so the degree of limitation is inevitable. But in China the consensual jurisdiction system, which is all-around, greatly limited, can not adapt to the increasingly deepening of the market economy under the condition of the people to the lawsuit benefit demand, therefore timely to our country the consensual jurisdiction system is adjusted be imperative. Perfection of the consensual jurisdiction system, not only to grasp the essence of the legislative purpose of the consensual jurisdiction, the core connotation, more critical is the legislation depends on its core connotation foundation, abide by certain legislation criterion. At the same time also should be aware of, legal system should be, After all. and the reality of existence difference, the consensual jurisdiction system is the inevitable result of public power and private rights of common action, freedom and order restrict each other, public interests and private interests game results. Based on the reality of our country, from the relationship between ideal and reality to seek a balance point, which is the goal of this paper.