Study On Jurisdiction Of China International Commercial Court

The establishment of China international commercial court is an inevitable requirement to perfect China's "One Belt And One Road" construction.It reflects the internationalization and specialization of China's foreign-related litigation system,at the same time,It also plays an important role in improving China's position in international judicial services.Among them,the jurisdiction of a court is not only the basis of a court operation,but also the competition of each country's judicial system.Firstly,this paper analyzes the jurisdiction of civil and commercial affairs and leads to the existing jurisdiction stipulation of CICC.Secondly,the article focuses on the analysis of the "international","commercial" and "principle of practical connection" involved in the agreement jurisdiction.In the international aspect,the author thinks that the existing provisions do not distinguish between foreign and international,nor do they make clear the jurisdiction of cases involving Hong Kong,Macao,Taiwan and China Pilot Free Trade Zone,and there are also shortcomings in continuing to use the theory of three elements involving foreign affairs.In the commercial aspect,because China has not made specific provisions on the exclusivity of the jurisdiction agreement and has not defined the commercial nature of international commercial disputes,there will be the problem of jurisdiction overlap,and this leads to the question of the exclusiveness of the jurisdiction of the agreement and the effectiveness of the special court.In terms of practical contact principle,this principle still applied in agreement jurisdiction does not conform to the development trend of the contemporary international society,and to a great extent,it hinders CICC from attracting more international commercial disputes.Finally,the problems are summarized and analyzed and specific suggestions are put forward to optimize the jurisdiction of the court in combination with the purpose of the establishment of CICC.In terms of internationality,it is necessary to distinguish between foreign-related and international cases,and accept offshore cases;in terms of commerciality,the scope of commercial cases should be clarified,and the exclusiveness of the jurisdiction of the agreement should be determined,it should be clarified that the special courts should not break the parties' autonomy as well;in terms of the principle of practical connection,the principle should be gradually weakened.So as to make CICC truly conform to its own positioning and have stronger international competitiveness.