A Study On Jurisdiction System Of Foreign - Related Civil Action Agreements In China

The contractual jurisdiction of international civil procedure jurisdiction system as an important form of jurisdiction in civil litigation, the theory is the source of civil law in the "autonomy" principle in international civil litigation in the field of application. For the sake of the original of the principle of national sovereignty, both countries of Anglo-American law system and continental law agreement jurisdiction for foreign-related civil lawsuit is not a positive attitude. But with the development of economic globalization, international economic exchanges in the field of trade, agreement jurisdiction system in dealing with the advantages of international civil disputes has become increasingly prominent. Nowadays, agreement jurisdiction system, whether the legislation or the judicial practice, is still an inevitable choice for countries and the system perfect.In China, due to the negative impact of the many reasons lead to agreement jurisdiction system of the foreign-related civil lawsuit of our country in the legislation to establish compared with other countries in the contemporary international, slightly later. And, combined with a variety of constraints, the agreement jurisdiction system of the development of our country also slowly.Jurisdiction over foreign-related civil agreement based on the analysis of legal analysis, this article traced its theory source, this article from the perspective of unique namely from the civil procedure law and private international law level analyses the theoretical basis of foreign-related civil litigation agreement jurisdiction system. Thought and then discusses the system give full play to its advantages and shall meet the state ought to be, in combination with the practice of real cases, problem of foreign-related civil litigation agreement jurisdiction system in our country are:the deficiency in the legislative level, agreement jurisdiction scope too narrow, the form of agreement jurisdiction requirements demanding, but the choice of limited scope of a court by agreement, the agreement jurisdiction of the relevant system and unreasonable restrictions.To solve many problems existing in practice, were reviewed in this paper, the current international advanced in international civil litigation agreement jurisdiction system of international law, namely the eu "Brussels system" and the Hague convention on protocol selection court, aiming at the shortcomings of the reality in our country, explains the relevant content, can be drawn lessons from international advanced legislation in its reference value and significance were analyzed.Finally, the paper combined with the new changes of the civil procedure law in our country and the latest judicial interpretation of the civil procedure law by the supreme people’s court, and reviewed the new system of the civil procedure law jurisdiction over foreign-related protocol on modified status is not optimistic. Perfect the system of civil litigation lawsuit agreement jurisdiction in our country also should first be clear is the foreign civil action contains particular domestic regional and country two levels of jurisdictional issues. On the basis of strengthening the improvement of the legislation, expanding the scope of cases, agreement jurisdiction is applied to relax in the form of agreement jurisdiction requirements, gradually fade out the relationship between the actual connection with the agreement to choose the court, reasonable to agreement jurisdiction in the corresponding boundary conditions. Make the system in our country better play its value and superiority.