On The Agreement Governing System And Its Perfect

Agreement is under the jurisdiction of the principle of autonomy on the issue of jurisdiction in civil concrete manifestation of, Reflects the ideal state governing system, Civil parties is an important procedural rights, Autonomy of private law in action is the concept of extended areas of. The establishment of the system, respect for the parties to the litigation the right to choose, to facilitate the parties to litigation, civil litigation in China has an important position.Agreement governing the presence of China's domestic legal system and foreign proceedings are not uniform, Applicable to the case was too narrow, Choice of court is too small, Formal requirements are too rigid and other issues. These problems affect the intrinsic value of the agreement governing the system of play. How to solve this problem, is a problem worthy of study.This article focuses on the basic theory of an agreement governing the system,Agreement governing the uniqueness of the system, clear interpretation of its connection points, The agreement governing system problems,Agreement governing the system of perfect four aspects. In the agreement governing the system's basic concept of their theory,Historical development and significance of aspects are discussed. Then in the agreement governing the system unique, Clarity and interpretation of the connection points, Combination of trial practice in the case to be analyzed. After that the current agreement under the jurisdiction of China's legislative system, there is not uniform, narrow scope of application, choice of court agreement can be too little, too strict conditions governing agreement came into effect on the domestic jurisdiction of civil cases does not require an agreement implied, with jurisdiction over the transfer system conflict jurisdiction may not implement the agreement the six issues. Finally, to address these issues, the agreement governing the system from the intrinsic value, this paper proposes a relaxation of the jurisdiction agreement, the relaxation of the jurisdiction agreement "unique" requirements and the recognition of the improvement measures under the jurisdiction of an implicit agreement, and conduct described in detail.