Economic Analysis Of The Judicial Jurisdiction Contract On The International Civil And Commercial Disputes

Jurisprudence of economic analysis is a legal system which applies the economic hypotheses, methods and basic principles to describe, explain, forecast legal phenomena, universal rules and improve the legal system. Its main feature is emphasis on the law's "efficiency" value, and to make use of its "four theorems" to analyze legal problems concretely. It has been a very important international academic tide for the recent two decades and of great development in our country.From the perspective of economics, judicial jurisdiction service that governments provide belongs to the public goods, and it has positive efficiency on parties and society. According to international judicial jurisdiction service, it is more similar to a complete competition market. Generally speaking, the optimal level of private efficiency is higher than that of social efficiency, so courts sometimes take some measures to realize the optimum of social efficiency.The judicial jurisdiction service on the international civil and commercial matters has two-stage's different contract. One is choice of judicial jurisdiction service agreement that the parties arrive at. The other is judicial jurisdiction service contract that government and the parties arrive at. Government has its economic motives to supply abundant judicial jurisdiction service. Due to it being the pre-condition the parties choose judicial service, the agreement choice of judicial jurisdiction service not only brings expectation benefits to parties, but also improves the efficiency of international judicial jurisdiction service by increasing competition. There are three causes that effect the parties' judicial jurisdiction service efficiency, namely, abuse privileged status to threaten another party's will, abuse information advantages to induce, misguide, and defraud the other, which make agreement choice's negative externalities exceed the parties' benefits. Of course, the judicial cost of government should be considered in jurisdiction contract. In the course of government and the parties arriving at international judicial jurisdiction service contract, the law on jurisdiction is the offer invitation that government provides judicial service, that the plaintiff's suit is non-sufficient offer, that court's acceptance is a promise of judicial jurisdiction service contract, and that the defendant involve in reaching the judicial jurisdiction service contract.For judicial jurisdiction, jurisprudence of economic analysis proves it efficient for each country to get rid of vague common jurisdiction property and define the judicial jurisdiction. Unfortunately, as long as the profit they get by defining jurisdiction property is beyond the cost, they have impetus to do it. Each country should expand applied fields of agreement jurisdiction, abolish restrictions on form standard, and give up the demand that court must have real connection with disputes, and grant power to the court to decide whether to accepts the parties' choice or not. As for parallel proceedings, they can be solved according to "efficiency-oriented expectation recognition" theory.