The Expansion of Agreement Jurisdiction in China
|Keywords||Jurisdiction by agreement Party autonomy principl 《CivilProcedure Amendment (Draft)》 Expansion Regulation|
As a specific system of the Civil Procedure Law, civil jurisdiction by agreementis an embodiment of the “party autonomy principle” and freedom of contract in civillawsuits. It not only concerns the guarantee of party’s right to action, but also relatesto the rational allocation of a court’s judicial resources. But along with thedevelopment of the market economy in China, the application of this system can nolonger keep up with the times. This article is the twenty-third meeting of the201111th National People’s Congress Standing Committee’s initial consideration of《CivilProcedure of the People’s Republic of China amendment to the Law (Draft)》writingbackground, and analyzed by the draft agreement under the jurisdiction of theexpansion of rationality, and then put forward the draft there are still problems, andput forward recommendations to further improve China’s agreement to the jurisdictionof the expansion.《Civil Procedure Amendment (Draft)》of Jurisdiction system, majormodifications, but many are still problems, the expansion of the voice remains high.Therefore, it is necessary to further explore the regime, to give full play to theadvantage of its existence.In this dissertation, the method which combines both theory and practice is used.After consulting relevant papers, legal provisions, judicial interpretations and othermaterials, the theoretical basis of the jurisdiction by agreement system——《CivilProcedure Amendment (Draft)》are analyzed. That the expansion of jurisdiction byagreement there is still agreement, choose the scope of the court appropriatejurisdiction agreement is invalid, the provisions are too harsh, the jurisdiction of theeffectiveness of the agreements lack of security and other issues. Followed by articlesfrom the agreement under the jurisdiction of the expansion to make up for thelimitations of the law, agreement under the jurisdiction of the expansion reflects thejustice of the program, the agreement under the jurisdiction of the expansion will helpthe smooth progress of the litigation, the agreement under the jurisdiction of theexpansion prompted the dispute was completely resolved seven aspects, CivilProcedure amendment (Draft)"to be the expansion of the agreement under thejurisdiction of the system to conduct a reasonable analysis.And then the previouslydescribed problems in the draft, to further improve China’s agreement under thejurisdiction of the expansion proposal.Meanwhile, after providing a description of thejurisdiction-by-agreement regulation principle and its discussion, it shows that it isnecessary to have certain regulations for the region of expansion within thejurisdiction by agreement. This dissertation demonstrates that while expanding thejurisdiction by agreement, certain limitations should be added in order to make thejurisdiction by agreement demonstrate larger advantages and accelerate thedevelopment and harmony of the society.