Study On The Declaration Of The Intention In Foreign-related Jurisdiction Agreements

As a statutory litigation contract,the effectiveness of the declaration of the intention in the jurisdiction agreement is in the substantive expansion.The term "agreement" which is a procedural expression,is as the same meaning as the term "consensus" which is a substantive expression,composited by the same declarations of the intention from the parties,showing the importance of the declaration of the intention to the jurisdiction agreement.The two are integrated.The complexity of foreign-related jurisdiction agreements shows the need to further strengthen the effectiveness of declarations of the intention among them and to achieve reasonable arrangements for the jurisdiction to guarantee the fairness of the individual case by dint of the parties' intention.In order to improve the effectiveness mechanism of foreign-related jurisdiction agreements,there are three key points:the form,the content and the effectiveness.The adoption of a more flexible form criteria and factuality criteria in foreign-related jurisdiction agreements is conducive to promoting the certainty and appropriateness of jurisdiction choices.By emphasizing the tendency of the intention in particular jurisdiction agreements such as implied jurisdiction agreements,format jurisdiction agreements,and hybrid jurisdiction agreements,the consensus in jurisdiction agreements can be guaranteed to help the court ascertain its own jurisdiction.Faced with different types of jurisdictional consensuses,the stock evaluation criteria and the rigid regulation should be abandoned and replaced with the proper discretion of the judge.The evaluation and relief should be based on the specific case.In the international community based on the individual development,respecting individual declarations in foreign-related jurisdiction agreements is conducive to promoting the development of domestic laws and international laws.