On The Reflection Of The Convention On The Choice Of Court Agreement And The Civil Litigation System In China

China signed the 2005 Hague convention on the choice of court agreement(hereinafter referred to as the 2005 convention)on September 12,2017.This paper takes the 2005 convention as the research subject and the jurisdiction rules as the entry point,and focuses on the comparative analysis of the relevant provisions of the civil and commercial agreement jurisdiction system in the convention and the civil litigation system concerning foreign affairs in China.This paper mainly consists of four parts: introduction,the analysis of jurisdiction clauses in 2005 convention,the analysis,conclusion and prospect of jurisdiction clauses in 2005 convention and the practice of civil litigation concerning foreign affairs in China.By analyzing the convention 2005 can get the following enlightenment: choose the court agreement reflects the principle of party autonomy,according to the evolution trend of the current civil procedure law in many countries around the world to analyze can be found that choice of court requirements meet the requirements of "actual connection" this trend has gradually relaxed,the jurisdiction of the courts of a third country will become a development trend.Although there are some differences between the relevant provisions of China's foreign-related civil litigation and the jurisdiction rules of the 2005 convention,there is still a high degree of consistency in the core issues.China has not yet joined the 2005 convention.With the acceleration of globalization and judicial practice,China must consider whether to join the 2005 convention following the general trend.This paper believes that China's accession to the 2005 convention is necessary and feasible.We should develop China's foreign-related trial mechanism with an open attitude,treat the parties' choice of foreign courts with a normal mind,and improve China's foreign-related examination and approval mechanism with an open mind.