Research On The Agreement Jurisdiction System In Foreign-related Civil And Commercial Litigation Theory Of China

Agreement jurisdiction reflects the principle of will autonomy in civil procedural law,it is also an approach to avoid the conflict of jurisdiction,it has been recognized in most countries as one of the jurisdicton principles.Questions of jurisdiction become more and more important with the increase of international civil and commercial cases.We revised the Civil Procedure Law in 2012, the domestic agreement jurisdiction system and the foreign-related civil and commercial litigation agreement jurisdiction system have been integrated.The latest jcdicial interpretation of the civil procedure law has some breakthroughs.For example,it extends the range of foreign-related civil and commercial jurisdiction system to somen field of family law,it also mentions non-conwenient principle. Some drawbacks still exsit in the aspects of range, form, legal validity. The agreenment jurisdiction system of America and Germany as well as some international organizations is relative ripe and perfect. Our country has the necessities to adjust to the international trend. We need to expand the range of foreign-related civil and commercial jurisdiction system to family law and tort law;loosen the formal reqirements of foreign-related civil and commercial jurisdiction system to make it flexible;loosen up the actual contact between agreement in court and the case,and we must increase the limits of it,such as public order、the principle of protection and the principle of national sovereignty;we can also cancel so-called implied agreement’s jurisdiction.Some measures should be taken to enhance the recognition and enforcement of foreing-related civil and commercial jurisdiction system. I believe we can make the foreign-related civil and commercial jurisdiction system to realize the target of justice and benfit after we improve it.