The Study Of International Civil Procedure Jurisdiction Agreement

The jurisdiction of the International Civil Litigation Agreement (hereinafterreferred to as foreign jurisdiction by agreement) is a concrete manifestationof the principle of party autonomy in the field of international civil andcommercial procedural extension. With the accelerated pace of developmentand mobility of international trade, international civil and commercial disputescontinues to grow. Compared with purely domestic civil and commercialdisputes, international civil and commercial disputes arising from foreignfactors involved is more complex. International Civil Jurisdiction is animportant part of dealing with international civil and commercial disputes.However, countries on the jurisdiction of the civil and commercial cases havedifferent requirements, so that the dispute can not be timely, efficient solution.Foreign jurisdiction agreement in principle to allow parties to freely negotiatethe jurisdiction of the court to determine the case, is to break the traditionalrules of jurisdiction. Foreign jurisdiction agreement in principle to resolveinternational civil and commercial disputes has a unique advantage, canminimize conflicts of jurisdiction in international civil and commercial cases.Although the specific provisions of the agreement under the jurisdiction ofStates Sheva different, but the principles recognized by the vast majority offoreign agreements governed by national legislation. Civil law countriesmostly written agreement legislation on foreign jurisdiction to be clearlydefined, the effectiveness of the foreign jurisdiction agreement giving highrespect, try to avoid situations involving foreign jurisdiction agreementeffectiveness uncertain. Common law countries, the jurisdiction of the foreignpolicy provisions of the agreement are mostly derived from the case law, theagreement restricted the jurisdiction of other legal systems, such as theprinciple of forum non conveniens.Since1991," People’s Republic of China Civil Procedure Law"(hereinafterreferred to as the "Civil Law ") establishes the principle of foreign jurisdictionby agreement, after two revisions in2007and2012, China’s " Civil ProcedureLaw" under the jurisdiction of the International Civil Litigation Agreementprovisions are still inadequate. The current "Civil Law " Part4of civil procedure for making foreign regulations, in accordance with the provisions ofArticle259of the new law, foreign-related civil litigation agreement governedby Article34of the new law will be applied, the provisions of section127. Seefrom these two provisions, foreign jurisdictions still satisfy the writtenagreement requirement, applicable foreign jurisdiction agreement limited thefield of property and contract, did not make provision for determining theeffectiveness of foreign agreements governed by the rules and principles ofthe protection of the weak. With our increasingly frequent international civiland commercial exchanges, and increased international civil and commercialdisputes, international civil and commercial cases of conflicts of jurisdictionhave become increasingly prominent. China’s " Civil Procedure Law " Oninternational civil and commercial cases governed by the provisions of theagreement can not meet the needs of the international civil and commercialjudicial practice, which the international civil and commercial disputes isextremely unfavorable. Under the new situation, how to be abandoning ourexisting regulations, learn advanced legislation in other countries, improveforeign jurisdiction system of civil litigation agreement is worthy of furtherstudy.This article is base on the theoretical research scholars of foreigninstitutional agreement on jurisdiction, summarizes some basic theoreticalissues and trends in foreign jurisdictions protocol development. Throughliterature, comparative method to analyze some of the legislation and practiceof common law and civil law countries, attempts to summarize the usefulexperience of other countries in the foreign jurisdiction agreement. On thisbasis, the analysis of "Civil Law" agreement governed by the provisions of theInternational Civil insufficient and tried to make some suggestions andspecific method of design ideas.This paper is divided into three chaptersThe first chapter describes the concept of foreign jurisdiction agreement,development history and analysis of the pros and cons, and agreement onhow the foreign jurisdiction, classification, scope and effectiveness of profiling.The basic theoretical issues of foreign jurisdiction agreement to analyze andexplore the theory of focus, and from the author’s views on proposedcontroversial issues. The second chapter introduces the relevant provisions of internationaltreaties and other agreements under the jurisdiction of foreign countries,focusing on analysis of the common law system of the United States, Britain,Germany, the civil law, Swiss legislation related to foreign jurisdiction givenprotocol. In the international legislative level, select a representative in2005in The Hague "Convention on Choice of Court Agreements" and makerelevant introduction. By comparing the different legislative and judicialpractice of the Two countries, summarize national and international legislativeexperience and trends agreement on foreign jurisdiction.This chapter begins with the legislative jurisdiction of foreign agreementswere reviewed and make relevant legislative Comment. On the basis of ourcurrent "Civil Law" provisions, the lack of analysis of the presence of foreignjurisdiction agreement, and further propose appropriate recommendationsand specific legislative provisions to improve vision. Suggestion of "Civil Law"written requirement should be relaxed foreign jurisdiction agreement,establishing jurisdictional agreement validity rules clearly defined exclusivejurisdiction and increasing foreign agreements to protect the weak agreementin principle restrictions on foreign jurisdiction.