Protection Of The Weak In Contractual Jurisdiction

In the increasingly frequent international civil and commercial activities,the jurisdictional agreements play an extremely important role.At the same time,in the actual production and life,the system,which allows the parties to choose the jurisdiction of the court with consultation,has initiated people's concerns about the rights and interests of the weak.With the rise of the protection of the weak,the widespread application of the jurisdictional agreements had raised people's attention and discussion of the rights and interests of the weak.The international law of most countries has responded to the issue of protection of the weak in contractual jurisdiction,giving special protection to the weak.The interpretation of article thirty-first of the Civil Procedure Law of the People's Republic of China embodies the spirit of protection of the weak for the first time,which restricts the effectiveness of the jurisdictional clause in the consumer forum contracts.However,compared with the international community's present situation of protection of the weak,this is obviously not enough,so it is necessary to carry out an in-depth thinking and research on this issue.Protection of the weak in the contractual jurisdiction is justified.Because it is a challenge to the theory which believes that law's value is efficiency,and it not only reflects the requirements of substantive justice and the protection of human rights,but also is the proper meaning of the principle of autonomy and the value choice of contractual jurisdiction.From the perspective of comparative law,protection of the weak in the field of contractual jurisdiction shows a variety of models.The value of protection of the weak is beyond doubt.However,protection of the weak in the contractual jurisdiction is suspected "overkill" under the existing research environment.The legal identification of ‘the weak'is difficult.Emphasis on protection of the weak too much is a kind of the excessive interpretation of equality,contrary to the spirit of contract freedom and results in a dilemma which includes the risks of jurisdiction conflict,the waste of transaction costs and the lack of the judicial foreseeable interests.Therefore,it is necessary to balance the value and coordinate the system of the protection of the weak and the principle of autonomy.In terms of our country,the premise of perfecting protection of the weak in our contractual jurisdiction is to expand the scope of the jurisdiction of the agreement and fully respect the jurisdiction of the parties.In addition,the construction of protection of the weak should be the unity of principle and corporeality.Protection of the weak should be one of the principles of private international law.It requires to refine the specific procedural rules of protection of the weak,and strive for the principle of protection of the weak in three special contract fields step by step,which the international community has basically reached a consensus,including consumer form contracts,labor contracts and insurance contracts.