Suggestions On The Perfection Of Chinese Foreign Agreement Jurisdiction System ——Reference To The Convention On Choice Of Court Agreement

Foreign-related agreement jurisdiction is the natural extension and concrete manifestation of the principle of autonomy in foreign-related civil and commercial litigation,and It is the result of mutual compromise between the principles of autonomy of private law,freedom of contract and national judicial sovereignty,which helps to eliminate the conflict of jurisdiction and improve the predictability of litigation.So that,Most countries have passed legislation to give parties the right to choose the jurisdictional court by agreement under certain conditions.The far-reaching Choice of Court Agreement Convention was adopted at the Hague Conference on Private International Law in 2005,and has entered into force in more than 20 countries and regions by 2021,which provides the practical blueprint of the first international convention for the jurisdiction of foreign-related litigation and the recognition and enforcement of foreign judgments.Moreover,The Chinese government signed the convention on September 12,2017.Foreign-related agreement jurisdiction is a litigation contract and as the effect of excluding the jurisdiction of the other countries,so that when we examine the effect of agreement jurisdiction not only accord with the Principle of party autonomy but also safeguard the national judicial sovereignty.Foreign-related agreement jurisdiction can realize the principle of fairness in civil litigation,improve the efficiency of litigation and enhance the certainty and predictability of potential dispute settlement results.Therefore,China has stipulated Foreign-related agreement jurisdiction system in the Civil Procedure Law and its judicial interpretation.However,due to incomplete legislation and judicial practice chaos,there are still problems in Chinese foreign-related agreement jurisdiction system at the current stage,such as unclear definition of the scope of application,unreasonable exclusive jurisdiction,lack of applicable laws,too strict formal requirements,unreasonable requirements for actual contact,and lack of protection provisions for the weak.In order to give full play to the role of foreign agreement jurisdiction system,there some suggestions on foreign-related agreement jurisdiction.Firstly,China should clearly define the scope of application of foreign-related agreement jurisdiction which include property rights disputes involving personal relationships into the scope of foreign-related agreement jurisdiction and properly standardize matters under exclusive jurisdiction.Secondly,establish the applicable law for the jurisdiction of foreign-related agreements who’s the "place of choice" rule in the Convention is abandoned and the applicable law selected by the parties’ agreement is the main basis,supplemented by the "place of choice" rule.We should improve the formal requirements for the jurisdiction of foreign-related agreements in China,appropriately expand the form of foreign-related agreement jurisdiction,no longer limited to strict written forms,and reasonably regulate the jurisdiction clauses of standard contracts.Establishing the exception rule of "obvious injustice and public policy" to protect vulnerable contracting parties and Chinese public interest;canceling principle of actual connection to guarantee the realization of the right of parties to autonomy.