The Discussion On The Hague Choice Of Court Convention And The Influence On Chinese Legislation

Contractual jurisdicerences of legislation background, many differences exist in the world legislation on the system. This situation lead to frequent happening of "active conflict" and "passive conflict". Choice of court convention which was passed by the Hague conference in 2005 ( for short) is a momentous achievement on the worldwide uniform civil jurisdiction and recognition and enforcement of foreign judgement. The author engage in deep research on a series of problems of this system. Based on the above, analyse the correct attitude that our country should take and the signification on our legislation. This article is divided into four chapters.Part one discusses the drafting situation of the convention. The author generally introduce the condition of legislation and practice from two aspects.Part two is about the main achievement of the convention and the comment on it. The author engages in detailed introduction of convention divided into twoparts--contractual jurisdiction and recognition and enforcement of foreignjudgment--and evaluate it objectively and justly.Part three analyses the prospect of the convention,in order to provide foundation for researching the convention under the international background.Part four is about the attitude our country should take and the signification on international private legislation. The author puts forward her points on how to treat the convention about our country. The author provide suggestions on revising Chinese law .