The Problems And Perfection Of The Jurisdiction System Of China's Foreign Affairs

Foreign agreement jurisdiction system is an important system in the field of international civil and commercial litigation. With the development of international trade, the trial judicial institutions of other countries is related to civil and commercial disputes are increasing. Compared to the domestic disputes, international civil and commercial disputes become more complex because of the intervention of foreign factors. Whether it has the jurisdiction is the premise, so many countries in the jurisdiction for cases and continue make laws, This can easily lead to the conflict of international civil jurisdiction, Under this background, the superiority and advantage of foreign related contractual jurisdiction system aroused great concern. Although all countries in the world to limit foreign jurisdiction agreement vary, basically through legislation or judicial practice to accept the inherent spirit of jurisdiction by agreement.In China, with the deepening of reform and opening up, in the international civil and commercial exchanges have become increasingly frequent, the conflict of foreign-related jurisdiction is increasingly obvious. But China's "civil law" legislative provisions about jurisdiction over foreign-related protocol has been unable to meet the needs of judicial practice, the foreign-related disputes is very unfavorable. In this situation, this paper attempts to re-examine the relevant legislative provisions, combined with foreign advanced legislation experience, proposed to continue to improve our legal provisions on foreign-related jurisdiction agreement.This article is divided into three parts, the first part mainly discusses the current situation of our country's legislation, including the concept of the jurisdiction of the agreement, and the role of the legislation of our country. The second part mainly discusses the problems in the practice of the jurisdiction of foreign related agreements. Mainly includes the legislation mode and agreement form, exclusive, applicable law, the jurisdiction of the agreement of the actual contact problems. Through the interpretation of the judicial cases, find out the unreasonable factors in the long-term existence of the agreement jurisdiction system in our country and give own countermeasures. The third part is mainly through the interpretation of the relevant laws and regulations of the important international conventions for the continued improvement of China's agreement jurisdiction system to find some of the experience can be used for reference, And then put forward the suggestions of perfecting our country's foreign agreement jurisdiction system.