our grade jurisdiction system standard elastic is too large, easy to make the parties to avoid discretion jurisdiction, the jurisdiction of the court abuse, thus breeding and expansion of judicial localization.
recently, Professor Tang Weijian of Renmin University of China law school to accept the "Legal Evening News" reporter said, should be through legislation and judicial interpretation, refine and perfect system of level jurisdiction, boosting the judicial reform.
China's court system consists of the Supreme People's court, the higher people's courts, the intermediate people's court and the basic level people's Court level four. The grade jurisdiction system is specified by the court in which the case level of acceptance, trial and Adjudication of the litigation system.
Tang Weijian, the Civil Procedure Law of China on the level of jurisdiction by the nature of the case, the degree of size, scope of "three combination" and the Supreme Court discretion to determine the standard.
Cheap Canucks Jerseys the standard is more flexible, but not with certainty and stability. The Cheap Hurricanes Jerseys court has excessive discretionary space in the jurisdiction of the court judgment, often for the question of jurisdiction.
for example, the law stipulates, the intermediate court and the high court can have a major impact on the area of jurisdiction of the case, but "major case" greater flexibility.
local party and foreign party lawsuit, the court in order to protect local interests, usually reluctant Cheap Blackhawks Jerseys to local party loses, will strive for the case under the jurisdiction of the local courts at the grassroots level or in the intermediate court, provided judicial protection of the tilt.
Tang Weijian suggested, "great influence" to make quantitative interpretation. Relating to the amount of subject matter of litigation, to the target volume as the judging standard grade jurisdiction, to determine the condemnation type rigid of grade jurisdiction; do not involve the subject case, is in principle by the jurisdiction of the court.
Supreme Court judicial interpretation made by specific guidance, some major Cheap Stars Jerseys difficult cases to determine the jurisdiction by intermediate or above the intermediate court.
Theparties in order to avoid the high level court jurisdiction, to let the case to the local court, down through the subject of artificially low level under the jurisdiction of the court level, once discovered, shall be under the jurisdiction of the court to adjust the case, authoritative and Yan Geshi enhanced level of jurisdiction system of use.
also respond to the Cheap Leafs Jerseys cross regional cases under the jurisdiction of different courts specified, in order to prevent local protectionism is a certain tendency.
is divided into two steps: to transfer first implementation of jurisdiction, and then by both parties common superior court for the designation of jurisdiction third court.
professor Tang Weijian also suggested, the Supreme People's court according to the actual situation of judicial practice to restrict and enumerative judicial interpretation to clarify, prevent the provisions be expanded application. At the same time in the judicial interpretation, it should be possible to consider the will of the parties, the parties have not agreed jurisdiction, the people's court shall respect. (reporter Mei Shuang)
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