Study On The Jurisdiction System Of China International Commercial Court

The continuous advancement of the Belt and Road Initiative has created more trade exchange opportunities for the countries along the route,and frictions have become more frequent and complicated.How to take the lead in resolving trade disputes,optimizing the cooperation environment,and strengthening China's international judicial discourse power has put forward new requirements for the further construction of China's existing judicial system,the China International Commercial Court established in 2018 provides a solution to the above problems.However,there are still some shortcomings in the jurisdiction of China International Commercial Court.This will not only limit the function of the court,but also restrain the growth of the court.In terms of the definition of the nature of the case,the definition of " international" almost copied the provisions of "foreign-related",and the definition of "commercial" is ignored and is in an ambiguous situation.In terms of the agreement jurisdiction system,the case accepted by the court must have actual connection with China,which deviates from the position of the court.Regarding the exclusive effect of the jurisdiction agreement,the current laws and judicial interpretations have no positive answer to whether the jurisdiction agreement has exclusive effect when the agreement is unclear.With regard to the setting of the court's trial grade,the court,as the permanent judicial body of the Supreme People's Court,takes effect as soon as its judgment document is made.The lack of appellate mechanism would have a significant negative impact on the right relief of the parties.In terms of discretionary jurisdiction,not only the judgment of several factors on which the case is diverted may lead to judicial injustice,but also the lack of detailed provisions on how the court can transfer the case to another domestic court.The provisions of the judicial interpretation on the forum non-convenience principle will also be difficult to meet the trial needs of the court.In order to improve the jurisdiction of the court,this thesis refers to international treaties and relevant provisions of extraterritorial international commercial courts,itthinks that under the premise of clear court positioning,the first is to analyze the connotation of “international” and clarify the definition of “commercial”,the second is to weaken the principle of actual connection and improve the exclusive validity provisions of the jurisdiction agreement,the third is to consider adjusting the court's trial grade and restricting the right to appeal,the fourth is to refine the provisions on diversion and transfer,and the fifth is to formulate the forum non-convenience principle according to the trial characteristics.