Research On The Agreement Jurisdiction System

Litigation begins with jurisdiction based on which a certain court achieves the right to trial the cases and the plaintiff could file a suit against the defendant to a particular court.Jurisdiction system of the civil procedure of P.R.C acts in parallel with the statutory jurisdiction and the agreement jurisdiction.The agreement jurisdiction system,the adaptation and supplement to the statutory jurisdiction,refers to the parties in civil activities,before or after the occurrence of the disputes,in accordance with the provisions of the law,achieving an agreement on the jurisdiction court to settle their civil disputes.The establishment of the agreement jurisdiction system fully embodies the principle of procedural subjectivity,the principle of autonomy of will and the theory of litigation contract.In recent years,the jurisdiction objection cases,accepted by the courts in P.R.China,is increasing year by year,more than half among them was brought based on the jurisdiction agreement.The determination of the validity of the jurisdiction agreement is the key part to make a judgment in the jurisdiction objection cases where there is a jurisdiction agreement.In judicial practice,on some of the more centralized key legal application issues of the agreement jurisdiction,such as the exclusiveness and non-exclusiveness of the jurisdiction agreement,the jurisdiction agreements concerning centralized jurisdiction,personal act of the jurisdiction agreement,substantial review on the validity of the jurisdiction agreement,etc,great confusion and divergence in understanding are still exist,leading to the disunity of the results of judicial judgments.This thesis starts with the description of the theoretical basis of the agreement jurisdiction system,through researching on the history and the significance of the system,examining and drawing lessons from the system abroad,comparing with the latest developments of the agreement jurisdiction system both here and abroad,investigates the judicial application of the rules of the agreement jurisdiction,with the combination of the author's examination practice of the jurisdiction objectioncases for many years,and focus on the main issues mentioned above.Based on the above research,proposes some suggestions in the following three aspects: the recognition of the validity of the non-exclusive jurisdiction agreement,the definition of “other disputes over property rights and interests” and open the scope of the protocol choice of courts,in the hope of reforming and perfecting the agreement jurisdiction system of civil procedure and unifying the judicial application,so the agreement jurisdiction system would play a more positive role in civil activities and judicial practice.