Agreed Jurisdiction In International Civil And Commercial Litigation Research

Contractual Jurisdiction system (the System) is the embodiment of Autonomy of Will doctrine in the field of International Civil and Commercial Disputes. Since the birth of the System, it has been recognized by most of the countries in the world. And it also has played a significant role in harmonizing the jurisdictional conflicts of international civil and commercial cases and settling down international civil and commercial disputes.In Chapter one, this thesis starts with the concept and category of the System, not only analyzing the reasons of its birth, but also introducing the history of its development, and ends with the value of the System.In Chapter Two, the thesis firstly introduces basic theories and new trend of some fundamental issues of the System, such as the applicable scopes of the System, the form of the jurisdiction agreement, the connective elements between the disputes and the chosen court, restrictions imposed by exclusive jurisdiction and grade jurisdiction. Secondly, the thesis focuses on some heated issues, including implied contractual agreement, the effectiveness of jurisdictional agreement, Forum non Convenience, applicable law of jurisdictional agreement and legal protection of social vulnerable groups.Chapter Three is the essence of the thesis. In this chapter, the thesis firstly focuses on historical development of the System and the current legislation in China, and then based on this background, it puts forward some suggestion on improving the Chinese contractual agreement system as follows: broadening the applicable scope of the System, loosening the restriction on the form of jurisdictional agreement; releasing the requirements on connective elements between the disputes and the chosen court, abolishing the grade jurisdiction restriction, improving implied contractual jurisdiction system, and adding doctrine of legal protection on social vulnerable groups in to current legal system..The Last Chapter reviews the study of the whole thesis, concisely concluding suggestions on improving China's Contractual Jurisdiction System.