On The Agreed Jurisdiction Of China's Civil Litigation And Its Perfection

Agreed jurisdiction is the "party's autonomy" principle embodied in the area of civil litigation. China's current system of the Civil Procedure Law also made provisions, allowing the parties to the agreement under certain conditions to choose the competent court. In practice, however, the contradiction between the lagged legal norms and the principles and the objective reality has arisen. How to let the value of the agreed jurisdiction system in China's civil action make its maximum efforts, is a study of the problem.This article focuses on the basic theory, the binding force, the application area and the form requirements of an agreed jurisdiction as the four aspects. In the basic theory of agreed jurisdiction, the author tries to find out the inadequate issues of the current law system regarding the agreed jurisdiction with the prospect of comparative law, and to point out the significance of application of the agreed jurisdiction. Then, in accordance with the actual work, the author provides her own opinions, such as to affirm the validity of several kinds of "non-explicit agreement" and to point out that at the same time to relax the application of the agreed jurisdiction can not forget the protection of vulnerable groups of society. Finally, with the theoretical analysis on the form of the agreed jurisdiction, the author also suggests it is necessary to set up the system regulating the implied agreement of jurisdiction in China's civil litigation.