Studies On The Jurisdiction-by-agreement System In International Civil-commercial Procedural Case

The problem of jurisdiction is becoming more and more importantwith the increasing of civil-commercial cases along the deepening of international communication ;further more ,the contention of jurisdiction will be much more intense in a long time at the same time of the trend of international cooperation. Based on the rule of autonomy of the will, most of the countries adopt the jurisdiction -by –agreement system, but all the countries restrict the system and regulate the validity thereof from the angle of their own circumstances because of the discretion of the agreement and the influence on jurisdiction. Therefore, court will usually face many practical problems such as the cognizance of the validity of jurisdiction by agreement in the increasing numbers of such cases. The thesis will systematically expound the subject and analyze the practical applications.The thesis will mainly deal the following topics: what kinds of forum selection agreements are respected and fulfilled by court? What are the effective forms of the selective agreement? What are the types of the disputes can be presented to the court? Can parties hereto select two or more courts in one court? Which law will be applicable in the determining of the establishment and the validity of the jurisdiction by agreement? The appearance of the system reflects the need of the further development of the international civil-commercial cases, the author regards, the system show its special advantages over the resolving of the disputes and escaping the positive conflicts and the negative conflicts of the jurisdiction. The basic theory of the system is the rule autonomy of the will , it reflects the extension of the rule from the field of substantial disposal to the procedural field. The forms of the agreement have the two kinds ---express and implied. The declaration of the will of the agreement shall not be restricted just in the written form or the implied one .The parties hereto can make jurisdiction by agreement in the foreign-related civil-commercial business disputes, exclusive jurisdiction not included. We can omit the links between the agreed court and the cases.An effective jurisdiction by agreement should not only be not abandoned by the parties at discretion , but also respected and fulfilled by the court. The court should consider the validity of the agreement from the angle of the advantages thereof. The effective agreement will be exclusive if neither of the parties express adverse commitment. The agreed court need not apply the agreed lex fori, the agreed law need not lead to the reach of the agreed jurisdiction. The related system dissatisfies the need of rhe practical development owing to many defects, so, we should take open , relaxed and elastic attitude to widen the applicable conditions in order to show its superiority in the utmost. Because of fewer studies on the jurisdiction by agreement in international civil-commercial process, the author, learning from the public convention and some foreign legislations ,analyzes our related clauses and regulations in the civil procedural law, regarding the latest theoretical results and practical development trends on it ,points out the shortcomings in our China law and present the mending advice in order to offer a hand in improving the related clauses and regulations in China law .