Research On The Principle Of Actual Contact In The Jurisdiction Of Foreign-related Agreement

Agreement jurisdiction is a system that courts are conferred jurisdiction under the special agreements or provisions in which the parties agree that the emerged civil and commercial case disputes or possible disputes in the future should be heard in national courts.The system of agreement jurisdiction has been generally accepted and recognized by the international community.However,in order to protect of the jurisdiction of the country,countries have imposed certain restrictions on the jurisdiction of the agreement,and the restrictions are different,especially the related factors between the chosen court and the case dispute.Common law countries generally don't have this requirement,while the civil law countries require that the selected court has factors between the chosen court and the case dispute.The law of our country also demands effective contact between agreement jurisdiction and case dispute.According to the trend of the development of foreign-related agreement jurisdiction system,the international society has emerged a new trend of increasing easing and reasonable restrictions.One of embodiment of this loosening trend is to weaken the connection between the selected court and the dispute,and it means that it doesn't require the selected court to have contact factors between the chosen court and the case dispute.The Hague Convention on Choice of Court Agreements in 2005 is a judgment convention based on the choice of agreement on jurisdiction,and it doesn't require contact between the selected court and case dispute.With the entry into force of the Convention and the signing in our country,the principle of actual contact in the domestic law has attracted attention again.Considering the trend of the development of agreement jurisdiction,China can gradually weaken the requirement of actual contact in agreement jurisdiction.This dissertation divided into four parts.The first part introduces the relevant theories of the actual contact principle,including the concept of principle of actual contact,the introduction of the objective and subjective standards of actual contact,and the analysis of the advantages and disadvantages of using the principle of actual contact in the jurisdiction of foreign-related agreement.The second part introduces the legislation and judicial practice of the principle of actual contact in China,and analyzes the shortcomings of the practice of the principle of actual contact in China.China adopts objective standard in the legislation,while sometimes China adopts the subjective standard to judge in judicial practice.The third part introduces the standpoints of the two legal systems and the Convention on the principle of actual contact,and analyses the reasons for different standpoints of the two legal systems and related legislative experience for our country to reference.The fourth part is mainly based on the Convention,focusing on the coordination of the differences between the principle of actual contact of China and the Convention,and combining the different choices of the principle of actual contact,to discuss the relevant issues.First,the feasibility and necessity of China to ratify the Convention are analyzed.Second,the ways to resolve the differences between China's domestic law and the Convention about the actual contact are discussed.Then,it analyses the attitude of our country to apply the declaration clause of Article 19 of the Convention,and concludes that it is no significance for our country to make a declaration on Article 19.Finally,some legislative suggestions are put forward to improve the provisions on the principle of actual contact,improve the foreign-related agreement jurisdiction in China and achieve the goal of matching with the Convention.