Research On Consumer Protection In Consensual Jurisdiction Of Foreign-related Consumer Contracts

Since international civil and commercial activities have entered the era of vigorous development,in order to facilitate the settlement of disputes between the two parties,agreement jurisdiction has emerged as the times require.Practice has also proved that both parties play an important role in resolving transaction disputes by entering into a jurisdiction agreement to determine the court of jurisdiction.However,the agreement jurisdiction system based on autonomy of will,when faced with the situation of the two sides of the transaction where the strength and the weak are not balanced,the rights and interests of the weak are often damaged.With the continuous development of the concept of protection of the weak internationally,consumer protection issues under the jurisdiction of agreements have also attracted the attention of various countries.A certain degree of special protection for consumers.The provisions of Article 31 of my country’s "Interpretation of the Civil Procedure Law" are exactly the legal norms to implement the protection of consumers’ rights and interests.However,compared with the level of consumer protection under the agreement jurisdiction of other countries or regions,there is obviously a big gap in my country.Therefore,in order to improve the level of consumer protection in my country,targeted research should be carried out on this issue,and a new consumer protection model should be proposed on the basis of reference to relevant foreign legislation.The first chapter of this paper first analyzes the current legislative status of consumer protection in the jurisdiction of foreign-related consumer contract agreements in my country,that is,our country mainly adopts two methods of imposing a reasonable obligation of prompting on operators and using the principle of fairness to review the content of the format jurisdiction agreement.To protect consumers,secondly,this article analyzes the facts and reasons that Chinese courts rely on when adjudicating the validity of format jurisdiction agreements,that is,the determination of "reasonable reminders" and "fairness principles" based on judicial practice cases.The second chapter,based on the previous analysis of legislation and judicial status quo,points out the current problems in consumer protection in my country in theory and practice,that is,improper selection of protection concepts,divergent protection paths,and defects in specific protection methods.The third chapter follows the above,first of all,it analyzes and proves that the improvement along the existing protection path in my country is not enough to protect consumers,so the existing protection method is denied.Finally,after comparing and analyzing the relevant legislative experiences of other countries or regions,it is pointed out that my country should adopt a new consumer protection model,that is,it should directly deny the validity of the format jurisdiction agreement concluded between operators and consumers,and to the greatest extent possible.Protect the rights and interests of our consumers.