Practical Contact Principles In The Jurisdiction System Of Foreign-related Agreements In China

With the globalization of the economy,the proliferation of trade,investment and cross-border movement of people,the global economy has generated global litigation,in the transnational arena,personal and commercial litigation is increasing,and the globalization of the economy has brought about the globalization of the legal field.In international civil and commercial litigation,there is inevitable conflict of jurisdiction.The agreement jurisdiction system is the concrete embodiment of the principle of party autonomy in the civil procedure system,and also the expression of the principle of civil disposition in jurisdiction,which has its own superiority in resolving the application of jurisdictional conflict.The Hague Convention on Agreement slather on the choice of courts,adopted by consensus on 30 June 2005,highlights the importance that the international community attaches to the governing regime of agreements and the promise of the free flow of judgments and enforcement worldwide.With the Eu's accession to the Agreement on choice of courts in 2014,China formally signed the Agreement on choice of courts on September 12,2017,and the question of whether and when China ratified the Convention has aroused debate in the legal community,with scholars once again focusing on the agreement jurisdiction.Because jurisdiction as a state's sovereignty is an extension and embodiment of the judicial field,closely related to the national interest,so countries have different degrees of limitation severity of the agreed jurisdiction system to prevent the parties from being too autonomous and harming the interests of national judicial sovereignty.China's current law on the agreement jurisdiction system adopted a unified legislative model,the actual contact principle as one of the restrictive conditions,not to distinguish between domestic and foreign and unified application.From the point of view of the jurisdiction system of domestic agreement,this practical contact principle has substantially expanded the choice range of the parties and embodied the great respect for the principle of party autonomy.However,ignoring the difference between the jurisdiction system of foreign-related agreements and the jurisdiction system of domestic agreements in terms of function,value and function,whether the substantive application of the principle of practical association still fully respects the autonomy of the parties already in the jurisdiction of foreign-related agreements,conforms to the current practical needs of our country,and gives full play to the advantages of the jurisdiction system of foreign-related agreements.It's obviously not an easy question to answer.Therefore,this paper will focus on the actual principle of connection in the jurisdiction system of foreign-related agreements,examine the principle from the legislation and judicial practice of our country,consider the original intention and practical value of the principle established,extract the problems from the practical case,trace the origin,return to the essence and function of the jurisdiction of the agreement,in combing,In the course of analyzing the Agreement Jurisdiction System of other States and in the analysis of the International Conventions,the principle of practical association needs to be eliminated and how to better play the role and function of the agreement jurisdiction system.This article consists of the following four parts:The first chapter is the basic theory of the agreement jurisdiction system and the principle of actual connection.The object of this study is the basic introduction of the foreign-related agreement jurisdiction system and the principle of actual connection,which lays a theoretical foundation for the later discussion of the two.It also briefly explains why this article studies the actual connection principle in the jurisdiction system of foreign agreements.The second chapter explores the application of the practical connection principle in the jurisdiction system of foreign-related agreements in China.This chapterexplores the principle of practical connection from two aspects of legislation and judicial practice.First of all,sort out the legislative process of the agreement jurisdiction system in China,and understand China's actual connection principle from the legal provisions and judicial interpretations.Based on this,we summarize the cases concerning the principle of actual connection in the jurisdiction system of foreign-related agreements in China,and conclude that there are three major dilemmas in the application of the principle of practical connection: imbalance of legislative purpose and practical effect,restriction of party autonomy,increase Lawsuit uncertainty.It is found from the existing dilemma that the principle of actual connection affects the function of the agreement jurisdiction system,and provides a realistic basis for the future discussion of the principle of actual connection.The third chapter is the international reference for the development of the principle of actual connection in the agreement jurisdiction system.The principle of actual connection,as a restriction on the validity of the selection court clause,has not been adopted by all countries.Common law countries respect the autonomy of the parties,encourage and support parties to choose neutral courts,and therefore do not require actual contact.Civil law countries are currently diluting the principle of actual connection.This chapter will combine the design of the effectiveness provisions in the agreement jurisdiction system of other countries outside the territory,with a view to summarizing the actual connection principle from the legislative provisions,changes in the agreement jurisdiction system of various countries and the setting of the agreement jurisdiction system by international conventions and the relationship with the actual connection principle International development trends,explore the value choices of countries in the jurisdiction of the agreement,and find practical and feasible solutions for the application of the dilemma of the actual connection principle in China.The fourth chapter is the way out of the principle of actual connection in the jurisdiction system of China's foreign-related agreements.This chapter summarizes the dispute over the existence and abolishment of the principle of actual connection in China.The advantages and disadvantages of the principle of actual connection inChina can be objectively understood in the respective reasons.Of course,the principle of actual connection has its own value,but the author finally thinks that China should abolish the principle of actual connection through analysis and analysis.In the jurisdiction system of foreign-related agreements,we should pay more attention to respecting the autonomy of the parties.At present,China has a theory of canceling the principle of actual connection Condition and reality.