On The Criteria Of Foreign-Related Civil Exclusive Jurisdiction Agreements In China

When a dispute occurs in international civil and commercial affairs,one of the key issues is how to determine the jurisdiction of the foreign-related dispute.Jurisdiction conflict is one of the main problems in solving international civil and commercial disputes,and an exclusive jurisdiction agreement is an effective way to solve problems.In view of this,this article discusses how to determine the exclusivity of foreign-related jurisdictional agreements from the perspective of the criteria for determining the exclusiveness of jurisdictional agreements in foreign-related civil cases.In terms of its content,this mainly involves two successive levels,namely,the legal application of the criteria for determining the exclusiveness of jurisdiction agreements and its substantive criteria.The former constitutes the premise of the latter,and only by determining the applicable law,can we further analyze the specific entity recognition criteria according to the applicable law.Around this content,this article is mainly divided into the following four parts:The first part mainly elaborates the meaning of the exclusiveness of the foreign-related jurisdiction agreement,and reveals the levels involved in its determination criteria.In this part,first define the meaning of the exclusiveness of the foreign jurisdiction agreement;secondly,explain the level of the criteria for determining the exclusiveness of the foreign jurisdiction agreement,which includes two steps: first,determine the legal application of the criteria for determining the exclusiveness of the foreign jurisdiction agreement;second,on this basis The above further discusses the substantive criteria of the exclusiveness of foreign jurisdiction agreements.This also constitutes two main issues elaborated in this article.The second part mainly discusses the legal application of the criteria for determining the exclusiveness of foreign jurisdiction agreements.The so-called law application here refers to the choice of law,that is,what kind of law is chosen as the applicable law for determining the exclusive determination criteria of foreign-related jurisdiction agreements.This part first summarizes the main modes of law applicable to the criteria for determining the exclusiveness of foreign-related jurisdiction agreements.These modes mainly include: the court law of the case,the law governing the contract,the law of the court chosen and the law chosen by the parties.Secondly,this part analyzes the legal application model of the above-mentioned foreign-related jurisdiction agreement’s exclusive determination standard,and points out its rationality and deficiencies respectively,which paves the way for the improvement of China’s related determination criteria.The third part elaborates the substantive criteria for the exclusive determination of foreign-related jurisdiction agreements.According to the different wording used by the jurisdiction courts stipulated in the foreign-related jurisdiction agreement,this article classifies such entity criteria into two categories,namely,"literary theory" and "favorable theory".The reason why these two substantive standards are summarized is because how to determine the jurisdictional court depends mainly on the different language used by the parties in the foreign-related jurisdiction agreement.Different language can express different meanings.If there are two or more interpretations of the meaning,the jurisdictional court shall be determined by presumption.After determining the basis of the criteria classification of entities,this article separately analyzes the rationality and deficiencies of the two entity certification criteria.The fourth part,based on China’s legislation and judicial practice,discusses the problems of China’s foreign-related jurisdiction agreement exclusive determination criteria,and puts forward suggestions for improvement.This part first sorts out the current status of China’s foreign jurisdiction agreement exclusive determination criteria,specifically including the current status of China’s foreign jurisdiction agreement exclusive determination criteria law application and China’s foreign jurisdiction agreement exclusive determination criteria status.Secondly,the problems existing in the criteria for determining the exclusivity of China’s foreign jurisdiction agreements,including the problems in the application of law in the criteria for the determination of the exclusivity of China’s foreign jurisdiction agreements and the problems in the criteria for the determination of the exclusivity of China’s foreign jurisdiction agreements.Finally,this article advocates that the relevant rules of the exclusive determination criteria of foreign-related jurisdiction agreements in China’s legislation should be clarified,and suggestions for the improvement of the exclusive determination criteria of foreign-related jurisdiction agreements in China from the aspects of legal application and substantive content.