The Application Of Choice Of Court Agreement In E-commerce Disputes In China

The rapid development of electronic information has brought great changes in the way of people's life.People's life is increasingly inseparable from the network,from shopping to work,which all can be done through the network,and this causes the prosperity and development of e-commerce.Due to the virtual and across the regional nature of the Internet,the e-commerce disputes and the traditional civil disputes are very different.Solving e-commerce disputes is urgent,and among the e-commerce disputes,a large part is about questions of agreement jurisdiction.In the practice,agreement jurisdiction of the electronic commerce dispute is based on the general provisions of civil jurisdiction in the civilian law to determine,and there is no special provision.It is not suitable for e-commerce that the five point of agreement jurisdiction which is stipulated in Article 34 of the civil procedure law.How to solve these problems and how to improve the traditional jurisdiction by agreement so that it can be better applied to e-commerce disputes,are increasingly paid attention by the legal profession and academic world.The agreement jurisdiction is also called the jurisdiction of the contract.With different standards,jurisdiction by agreement can be made different classification.For example,on the basis of whether foreign factors being related,jurisdiction by agreement can be divided into domestic civil cases under the jurisdiction by agreement and the jurisdiction of foreign-related civil cases.In terms of whether the parties to express its meaning as a representation as the standard of being distinguished,the agreement jurisdiction is divided into express agreement jurisdiction and implied agreement jurisdiction.If it is regarded the standard of being distinguished that whether the agreement between the parties is exclusive,the agreement jurisdiction can be divided into exclusive agreement jurisdiction and non-exclusive agreement jurisdiction.As a system,some condition is necessary for the use of agreement jurisdiction.The agreement jurisdiction system has started from scratch,and from imperfect to gradually improve.With the coming of information age,the electronic commerce based on Internet is developing gradually.In the course of e-commerce transactions,the establishment of jurisdiction of e-commerce disputes emerges in endlessly.The problems are common in the judicial practice of Chinese agreement jurisdiction cases.For example,a Chinese case called Sun DingDing v.Jiangsu suning.com,reflects that there is no unified standard to define that business operators have taken reasonable ways to draw their customer's attention,and it is difficult to define that what way can be identified as a reasonable way.It will appear in the electronic commerce disputes that the domicile of the defendant and the area of the contract where it is signed and implemented are difficult to determine.In some cases unfair phenomenon will appear if agreed jurisdiction is used directly.This has caused a huge impact on the current agreement jurisdiction system.To improve the Chinese agreement jurisdiction system,and make it better to solve e-commerce disputes.For this,firstly we should insist the principle of equal protection,the principle of facilitating litigation and the principle of autonomy of will.Secondly,we must establish the jurisdiction rules of the location of consumer's domicile and the rules of the website as the new jurisdiction connection point for the electronic commerce disputes of jurisdiction system.Finally,we need to make the necessary restrictions on the jurisdiction agreement,putting the standard of the reasonable way to draw the attention of consumers more detailed.