중국 민사소송에서의 급별관할(級別管割)의 내용 및 문제점

Abstract

Although used to be recognized as a “human-governing society”, China is gradually transforming to be “law-governing”. Instead of avoiding lawsuits, citizens in China are looking forward to receiving fair trials and decisions in court nowadays. Also, if foreign investors in China become involved in a dispute with Chinese citizens or companies, they always go to Chinese courts and raise an action as the last resort, even though the suspect that Chinese government tends to protect her own companies or citizens as priority often co-exists. For any case that is undertaken, the jurisdiction rules involved should be reviewed with foremost importance. China Civil Procedural Law was established in 1991 and amended in 2007, but regulations on jurisdiction have not been amended and formerly existing regulations are still in force, as well as those scattered rules in legally-binding judicial interpretation from the Supreme People’s Court. In China Civil Procedural Law, there are various kinds of jurisdiction such as conventional jurisdiction, designated jurisdiction, and regional jurisdiction and so on. Here I will introduce the comparatively peculiar one, grade jurisdiction, and then the problems existing in this kind of jurisdiction will be reviewed. Grade jurisdiction should be decided before regional jurisdiction and should be seriously considered by both plaintiff and the court being presented the petition.