Research On The Examining System Of The Territorial Jurisdiction Of Contract

There are a good many defects in our territorial jurisdiction system, especially in territorial jurisdiction of contract. It is because that the standards to confirm the territorial jurisdiction of contract are too dubious and blurry. Following some principles, these problems might be solved from two aspects, namely, examined object and examined mode. When confirming territorial jurisdiction of contract, we should at least keep to three principles, the principle of parties'rights to action procedure, adversary doctrine as well as forum non conveniens. The examined objects of territorial jurisdiction of contract include the agreement on jurisdiction, loci solutionis and forum domicilii. The valid agreement on jurisdiction must be provided with three elements, namely, to choose jurisdictional court within legal scope, to choose specific court, and to conclude the agreement on jurisdiction in writing. The confirmation of loci solutionis should comply with some rules, such as the rule of loci solutionis being plighted in written form, the rule of confirming jurisdictional court according to loci solutionis of characteristic obligation, and the rule of confirming jurisdictional court according to loci solutionis of primary obligation. The place of domicile of natural person and habitual residence of natural person should not be exclusive; the parties can choose either. The habitual residence can be confirmed in accordance with the relation to the case without period restriction. If the defendant is legal person, the parties can choose the court in primary administrative locality or primary business locality. If the defendant is the separation of an artificial person, the parties can choose the court in primary business locality of the separation of an artificial person. There are some problems in the examined mode of territorial jurisdiction of contract, such as, the criterion is not uniform, the procedure of examination is administrative, and it is inadequate to ensure parties'rights of action procedure.The defects of the formal examination are obvious, for instance, the parties evading jurisdiction, the court abusing its authority, and the parties abusing right to disagreement. However, these problems can be solved by the perfection of corresponding systems.