The Principle Of Substantial Connection Of Contractual Jurisdiction In International Civil Litigation

Since the introduction of Contractual Jurisdiction in 1991,China has gone through the reform process from domestic and foreign two-track systems to single-track system.Civil Procedure Law of 2012 integrates article 25 of the original domestic agreement with article 242 of the foreign-related agreement,which is uniformly stipulated in article 34.However,this paper holds that in view of the different nature of domestic cases and foreign-related cases,the two-track provisions of Contractual Jurisdiction is more scientific,so this paper pays more attention to the study of foreign-related Contractual Jurisdiction.In the definition of the substantial connection,the jurisdiction of foreign-related agreements is different from that of domestic agreements because of the nature of their coordinated jurisdiction.The former coordinates the international civil jurisdiction while the latter coordinates the jurisdiction of administrative regions within a country.Therefore,the coordinates under the jurisdiction of foreign-related agreements only need to be located to the countries under the level of international law,while the coordinates of the substantial eonnection under the jurisdiction of the domestic agreement should be located to a specifie court that can be determined in a specific administrative region of the country.This paper starts from the jurisdiction disputes of foreign-related civil and commercial judicial practice,and makes a eomparative study of legislation and practice.With reference to the intermational regulations and the current status of China's legal system,some suggestions are made to improve the substantial connection and to construct a more reasonable international civil jurisdiction system.The first chapter of this paper starts with the Autonomy of the Will in the establishment and development of the Contractual Jurisdiction System,and draws the substantial corinection requirements according to the concept that legal freedom is not absolute.At the same time,it analyzes the interpretations that made by some countries in their legislation and judiciary.The second chapter analyzes the problems that existing in the process of applying this requirement from the legislative and judicial point of view,such as the identification of coordinate point,the selection of the standard of the substantial connection and the reorganization of the objective landmark.The third chapter is the analysis of whether it is should to reserve or abolish it.Through the perspectives of the parties,the courts and the state,it concludes that China should continue to retain but improve this requirement.The fourth chapter puts forward some constructive opinions on the current application problems from the coordinate points and the identification criteria,including the integration of subjective contact standards based on the improvement of objective contact standards and the adoption of legal selection criteria.To make an expanded explanation in line with the development trend of international civil litigation,to the greatest extent,reconcile the contradictions between parties' autonomy will and the protection the balance of interests between the parties,as well as the international sovereignty.