Chinese Foreign Civil Procedure Jurisdiction System

Contractual jurisdiction is the expression of the party autonomy principle of civil procedures involving foreigns elements, and it is much significant for dealing with the conflicts in jurisdiction and assuring the foreseeability of the results of procedures. Nowadays most countries make the legislations and judgements, permitting the client to choose a court by agreement under certain condition. Hague Conference on Private Internationl Law passed the Convention on Choice of Court Agreements on its 20th meeting on June 30th,2005, which is much significant for dealing with the conflicts in jurisdiction of civil procedures involving foreigns elements. This thesis makes a comparative study on the legislations and practice of contractual jurisdiction in our country.The auther carries on the elaboration to the concrete issues of contractual jurisdiction, analyses the disadvantage of the relevant system of China, and puts forward some basic ideas and concrete suggustions perfected further.Chapter One is the introduction of the contractual jurisdiction. It includes the origin and development, the jurisprudence analysis and the importance of contractual jurisdiction.The problems of contractual jurisdiction, It includes the ways, the types and the range of contractual jurisdiction. The basic rationale for contractual jurisdiction which is the extension and embodiment of autonomy of will doctrine in the field of international civil and commercial disputes. It comes into being just because of principle compromised between private law autonomy and the country's judicial sovereignty. The rule of autonomy of will is its theoretical basis, justice is its value orientation. The development of the system of agreement jurisdiction has a very positive significance for courts, the parties and the society.The rules for contractual jurisdiction in our county is too simple, obscure and difficult to operate. In content,we should add the forms of contractual jurisdiction, extend the application range of contractual jurisdiction, weaken the relationship between the case and the court choose by agreement,strengthen the reasonable restriction of contractual jurisdiction and abolish the unreasonable requirement to level jurisdiction. The forms of the agreement have the two kinds—express and implied. The declaration of the will of the agreement shall not be restricted just in the written form or the implied one. As far as the object is concerned, the client should choose a court by agreement on the condition that it should be convenient for the court to work. The court should not be required relating to the case no matter whether it is at home or aboard. The parties hereto can make jurisdiction by agreement in the foreign-related civil commercial business disputes, exclusive jurisdiction not included. An effective jurisdiction by agreement should not only be not abandoned by the parties at discretion, but also respected and fulfilled by the court. The effective agreement will be exclusive if neither of the parties express adverse commitment. Under the jurisdiction of China's lack of reasonable limits on the agreement, the agreement in the foreign jurisdiction system that urgently need to increase the reservation of public order, establishing the principle of forum non conveniens and the weak protection principles, on the exclusive jurisdiction of the redefinition and change the level of compulsory jurisdiction, it more flexible.