Comparative Research On Contractual Jurisdiction Systems Of China And The United States

Contractual jurisdiction is the reflect of will autonomy in the international civil and commercial litigation. It plays an important role in the avoiding of conflict of jurisdiction and increasing the predicability of litigation itself. Contractual jurisdiction has been accepted as an world-wide recognized principle in the modern international community. Now, the majority of countries in the world have allowed the contractual choice of forum by the parties themselves through legal provision or judge-made law. This thesis explores the difference between China and the United State on the legislation and judicatory practice of contractual jurisdiction and trys to illustrate some problems about contractual jurisdiction and then looks for the way for contractual jurisdiction in our country.The thesis contains four chapters. The first chapter details on the basic problems of contractual jurisdiction, involving the history and development trend of it; the second chapter make an comparative analysis on legal provision of contractual jurisdiction about China and the United States; the third chapter primarily focuses on the difference between the two countries' judicatory practice, it examines many concrete problems such as contractual jurisdiction and other types of jurisdiction, forum non-convenience, the standard of reasonability and public policy analysis, etc. The last chapter consists of several parts including comparative analysis on the scholar research of the two countries, the main difference of contractual jurisdiction system of them and what's the two country attitude about the new Hague Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters. In the last part, the author also presents some suggestions for the contractual jurisdiction system in our country.