Research On Jurisdiction System Of China International Commercial Court

With the continuous advancement and implementation of global economic integration and the “One Belt One Road”initiative,China’s commercial activities with foreign countries have become more frequent,and international commercial disputes have also occurred frequently.In recent years,countries have established international commercial courts to resolve disputes arising from international commercial activities.China keeping up with the international development trend,In June 2018,the first and second international commercial courts were established in Shenzhen,Guangdong and Xi’an,Shanxi respectively.to deal specifically with international commercial disputes.China’s establishment of an international commercial court can effectively resolve disputes in foreign trade transactions,Conducive to the healthy development of China’s foreign trade;It is conducive to enhancing the authority and efficiency of China’s judicial trials.Whether the international commercial disputes submitted by the parties can be accepted and tried depends on whether the international commercial court of the country has jurisdiction over them.It has a direct impact on the number of cases under the jurisdiction of China International Commercial Court,Improving the jurisdiction system plays an important role in enhancing the internationalization level and efficiency of China international commercial courts.The International Commercial Court’s jurisdiction over international commercial disputes is the legal basis for its acceptance and trial of cases.The "Regulations of the Supreme People’s Court on Several Issues Concerning the Establishment of International Commercial Courts"（hereinafter referred to as the "Regulations"）make relevant provisions on its jurisdiction,but there are still many problems in judicial practice that need to be resolved in order to better play the role of international commercial courts in determining disputes.The vague definition of international commercial cases in the "Regulations" is specifically reflected in the lack of clear definition of “internationality” and the lack of specific provisions for “commercial nature”.The relevant agreement jurisdiction system stipulates that the prerequisites for China to accept cases are that they must have actual connections with China,the agreement must be in written form,the amount in dispute is more than 300 million yuan,which will limit the scope of the court’s case.The transfer jurisdiction system is imperfect,and there is a lack of detailed legal regulations on how the International Commercial Court transfers cases to other courts for trial.The pre-litigation preservation provisions in the arbitration jurisdiction system conflict with relevant provisions,and cases such as the confirmation of the validity of the arbitration agreement are excluded.Therefore,the provisions on the jurisdiction of the trial level are unreasonable,the trial level is set too high,and the first instance is final,not conducive to safe guarding the legitimate rights and interests of the parties The "Regulations" stipulate that China International Commercial Court is at the highest level of trial,which means that the first instance is final and the parties do not have the right to appeal.By analyzing the problems existing in the judicial practice of China international commercial court jurisdiction system,Introduce and refine the useful experience of other countries’ international commercial court jurisdiction system,As far as the jurisdictional rules of China International Commercial Court are concerned,the actual connection condition should be relaxed,relaxation of the formal requirements of agreement jurisdiction,reduce the amount of disputes received,In order to expand the scope of our country’s international commercial courts.At the same time,clarify the validity of the jurisdiction agreemen,Refine the transfer jurisdiction rules,improve the arbitration jurisdiction rules,Bring cases confirming the validity of arbitration agreements into the jurisdiction of the International Commercial Court.optimize the trial level,and establish an appellate body and impose measures to restrict the parties’ appeal rights t to further improvethe jurisdiction system.