Exclusivity Choice Of Court Agreement System

On September 12,2017,Chinese ambassador to the Netherlands,on behalf of the Chinese government signed the convention on choice court protocol and the convention with exclusive choice court agreement as the core,but also involves the recognition and enforcement of foreign judgments,is by far the only solution to jurisdiction conflict on an international level variability convention.The drafting process of the convention was finally approved by the 12 th congress of the international private law conference in the Hague on June 30,2005,and was adopted by the eu on October 1,2015.China's private international law as the Hague conference members involved with the drafting and negotiation of convention,the convention comes into force,the experts and scholars in the field of our country also an intense discussion on whether China should join convention.Joined the convention in foreign-related civil and commercial cases in China also represents the first clear recognition of exclusive choice,agreement jurisdiction,is the extension and development of party autonomy principle in international law.Text to exclusive choice court agreement system as the research subject,the first part,first of all,on the whole research background briefly,and introduces the research significance and research method of this paper,the comprehensive describes the current international and domestic legislation and scholars on the exclusive choice court agreement of the views and opinions.The second part into the theme,first expounds the concept of exclusive choice court protocol,and then introduces the historical development,from the program suit period of ancient Rome to Italian jurist dumre orchid firstly put forward the principle of "autonomy" and gradually applied in the field of law,procedure law of the agreement jurisdiction,and gradually accepted by the countries such as Britain and America and development in the field of international action.And then studied the exclusive choice court protocol for selected the effectiveness of the court and the court was not selected,the last in the protocol are discussed under the jurisdiction of the court,the court ruling for recognition and enforcement of other countries,including its application needs,for the request toacknowledge the effectiveness of the countries with the request execution,and may refuse to recognition and enforcement of the situation.The third part focuses on the current Europe and the United States and the private law in the Hague conference through the choice court agreement convention for exclusive the choice of court agreements,in detail elaborated the convention drafting process,and involves the exclusive choice of court jurisdiction and the recognition and enforcement of the main content,and then summarizes the the main item that the exclusion protocol jurisdiction over all over the world,the inconvenient court principle,the principle of actual connection,exclusive jurisdiction,and the reservation of public order.The fourth part combine our country about the content of the 2017 revision of the civil procedure law,compare our country of the convention and the relevant provisions of other countries,summarizes the problems of our country,and the pros and cons of China's accession to the convention to her comments,Suggestions for China's domestic law need reform.