On The Jurisdiction System Of Foreign-related Civil Litigation Agreements--On The Improvement Of Relevant Legislation In China

With the pace quickened in economic globalization,international civil communication increasingly frequent.It brings out many international civil disputes.The determination of international civil jurisdiction is the premise to handle foreign-related civil disputes.But as countries legislation have different provisions on international civil jurisdiction,often leads to conflict of civil jurisdiction concerning foreign affairs.As the embodiment of the principle of party autonomy applied in international procedure,agreed jurisdiction on civil litigation with foreign elements can avoid or eliminate conflicts in international jurisdiction.It has been accepted and adopted by most countries.Contractual jurisdiction system of international civil litigation has developed in the law of many countries and international treaties.It presents many new developments on the formal requirements,range of courts be choosing,protection of interests of the weak party and so on.There are many reasonable advanced legislations about it provide reference for china.This paper use analytical method of history and comparison analysis method,and try to put forward some innovation thinking and suggestions to perfect relevant stipulations of contractual jurisdiction system of international civil litigation in Civil Procedure Law of China.This paper consists of three parts.The first part is the summary of agreed jurisdiction on civil litigation with foreign elements.Use the definition of it as the point of penetration.Analyze questions about types,nature and validity of international civil litigation agreement jurisdiction.And also introduce the form and development tendency of contractual jurisdiction system of international civil litigation,finally the function and value of this system.The second part summarizes the specialty,experience and trend of contractual jurisdiction system of international civil litigation in countries and international organizations through introduction the legislation of representative countries and international organizations at present.The third part introduces the legislation of contractual jurisdiction system of international civil litigation in China.Point out its shortcomings.Make suggestions to perfect agreed jurisdiction on civil litigation with foreign elements in our country by drawing from overseas experience on it.