| With the deepening of the Belt and Road,transnational economy and trade activities are becoming more and more frequently,international commercial disputes are increasing day by day,and the traditional Chinese courts are difficult to meet the existing needs of international commercial dispute settlement in the aspects of internationalization,specialization and international repercussions.In order to solve the problems above,China International Commercial Court came into being.While affirming the results of the reform,we should also note the shortcomings of the jurisdiction of China International Commercial Court.The purpose of this paper is to study the jurisdiction system of extraterritorial international commercial courts,and to seek the countermeasures in accordance with China's national interests,and then to enhance the influence and voice of China international commercial court in the field of international commercial dispute settlement.First of all,explore the theoretical basis of the jurisdiction of International Commercial court,and defines it as exercising jurisdiction based on the theory of judicial sovereignty transfer and the positioning of public goods in the settlement of international commercial disputes,so as to clarify the theoretical basis and purpose of its establishment.Secondly,from the three aspects of agreement jurisdiction,Optimizing the division of jurisdiction to balance the scope of the case and pluralistic dispute settlement mechanism,this paper makes clear the merits and demerits of the system design of extraterritorial international commercial courts through comparative analysis.Through the comparative analysis method to clarify the advantages and disadvantages of the design of the extraterritorial international commercial court system,and then lead to the enlightenment of the extraterritorial international commercial court to China.Thirdly,begining from the allocation of the jurisdiction of China International Commercial Court,This paper explores the enlightenment of extraterritorial jurisdiction of international commercial courts to China in the aspects of agreement jurisdiction,division of jurisdiction,docking litigation and arbitration,docking litigation and mediation.Compared with the extraterritorial international commercial court,China International Commercial Court's agreement jurisdiction is still limited by the principle of practical connection and the absence of exclusive effect of agreement jurisdiction limits the expansion of jurisdiction.The applicable standard for transferring jurisdiction should be further refined and China International Commercial Court which built around the Belt and Road should fully implement its specialized division of labor functions.With regard to docking litigation and arbitration,docking litigation and mediation,the following issues need to be addressed:international commercial arbitrations and conciliation institutions selected by the Suprem,e People's Court are Lack of internationalization;judicial review is lack of integrated planning;The applicable conditions and scope of docking litigation and mediation need to be expanded.Finally,return the foothold to the coping approach of the China International Commercial court.First,the jurisdiction of the agreement is limited by the existing legal system,through breaking through the limitations of article 34 of the Civil Procedure Law and establishing the exclusive effect,in order to achieve the expansion of the jurisdiction agreement;secondly,To implement the function of ensuring the even running of the Belt and Road and to refine the applicable standards of discretionary jurisdiction,while at the same time highlighting the Specialized division;thirdly,to promote the internationalization of international commercial arbitration institutions and international commercial mediation institutions,to integrated and coordinated judicial review system,and to expand the applicable conditions and scope of the combination of litigation and mediation. |
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