Study On The Practice Of Agreement Jurisdiction

The period of establishment of the agreement jurisdiction system in China is not very long.However,with the acceleration of the speed of the Chinese legal system,the agreement jurisdiction system has received more and more attention.More and more people hope that they can choose the courts to resolve disputes.It is the parties' ardent expectations to refer disputes to courts deemed appropriate by the parties rather than courts provided by law.Agreement jurisdiction system is a system that complies with the needs of the development of the times,because the jurisdiction system of the agreement not only reflects the parties' disposal of their substantive rights,but also shows that the parties dispose of their procedural rights.The agreement jurisdiction system centered on meaning autonomy conforms to the increasing awareness of the rights of Chinese citizens.Even though the legislators continue to improve after the establishment of the agreement jurisdiction system,scholars in the academic circles have also carried out unremitting research and exploration on the agreement jurisdiction system,but they still cannot think that the existing agreement jurisdiction system is perfect.When the author reads some cases concerning the jurisdiction of the Chinese Judicial Document Network,he discovered the controversial issues concerning the jurisdiction of the agreement in the judicial practice,for example,when the parties agreed in a contract clause to both arbitration jurisdiction and litigation jurisdiction.How effective is the jurisdiction? The arbitration jurisdiction is invalid according to Article 7 of the Interpretation of the Supreme People's Court on the Application of the PRC Arbitration Law.However,the jurisdiction of the lawsuit has caused disputes.Some courts believe that the jurisdiction of the lawsuit and the arbitration jurisdiction are separable.The invalidity of the arbitration jurisdiction does not affect the effectiveness of the lawsuit jurisdiction.However,some courts hold opposing opinions on this issue,so in practice,There have been problems with different judgments on the same issue.At the same time,there are two different opinions as to how the parties should agree on the territorial jurisdiction and the level jurisdiction,but when the level jurisdiction violates the law,there are two different opinions as to how effectively the parties have jurisdiction over the agreement.One opinion is that if the jurisdiction of the agreement is determined to be invalid once it violates the jurisdiction of the class,the other view is that the jurisdiction of the agreement only violates the jurisdiction of the class and it is not appropriate to directlydetermine that the jurisdiction of the agreement is invalid and can recognize the effectiveness of its jurisdiction.The above problems are all appearing in the judicial practice but the legal and judicial interpretations have not made explicit problems.This article takes the form of cases and studies the above problems.Based on the theoretical study of the case,it presents its own opinions on the case.It also provides its own ideas for the solution of the above issues,with a view to benefiting the settlement of related practical issues of the jurisdiction system of the agreement.This article is divided into four parts from the structure,from the discovery of the problem to the solution of the problem.Part I: Introduction to the basic situation of the case,including the basic case,the case after several trials,the opinions held by each trial court on the case,and the content of the dispute in the case.The second part introduces the theory of the jurisdiction of the agreement.Because the problems found in this article are in the judicial practice and the legal and judicial interpretations have not made explicit provisions,so the solution to the problem needs to rely on relevant theoretical knowledge;Part III: The first part of the case is linked to the second part of the theoretical knowledge to make an analysis and draw its own conclusions;the fourth part: The main content of this part is the solution to the above problems.