Theoretical And Empirical Study Of The Agreement Jurisdiction System

Jurisdiction plays an extremely important role in the whole civil procedure, and the agreement jurisdiction system as an important part of the whole jurisdiction system can be reflected more autonomy and the choice of the program which compared with the legal jurisdiction. People choose the court jurisdiction according to the agreement, which will be conducive to the realization of legal justice and efficiency values. The agreement jurisdiction system of our country has been difficult to meet the demands of judicial practice along with the development of society. The agreement jurisdiction system has been improved greatly through the whole amendment work of<civil procedure law> in2012, which corrects the shortcomings of the existing agreement jurisdiction system to a great extent. So how does the agreement jurisdiction system apply in practice? And whether the agreement jurisdiction system still exists some place needed to be improved? In this paper, combining the theory and practice to analyze these issues, we hope to improve China’s agreement jurisdiction system.The article is divided into five chapters:The first chapter is an overview of the agreement jurisdiction system, mainly about the concept and applicable conditions of agreement jurisdiction, as well as the agreement jurisdiction theory.The second chapter is a comparative study of the agreement jurisdiction system. From the perspective of comparative law, it discusses the origin of the agreement jurisdiction system, the two legal systems on the agreement jurisdiction provisions, and the development trends of the agreement jurisdiction system.The third chapter is the establishment of contractual jurisdiction in our country and the recent development. It gives an analysis on the establishment of jurisdiction in our country agreement jurisdiction system in China, and the latest development in detail. For example, the unified agreement jurisdiction system established and the applicable types of cases of the internal agreement jurisdiction extended to property disputes. The choice of court is more and the internal agreement jurisdiction system increases the implied agreement jurisdiction system etc.The fourth chapter is an empirical study on several problems of our agreement jurisdiction system. It discussed the operation status of the agreement jurisdiction system combined with the related cases in practice.The fifth chapter is some still existing problems in the system of jurisdiction by agreement. It analyzes the existing problems of the agreement jurisdiction system, and puts forward the corresponding improvement suggestions.