Research On The Jurisdiction Of China International Commercial Court

The jurisdiction system is a basic system that constitutes the judicial system of international commercial courts,and it is the fundamental element for a country’s International Commercial Courts to obtain the right to accept cases.The establishment of China International Commercial Court is an important way to reflect my country’s participation in international competition and countries’ fight for judicial discourse power.The study of jurisdiction system appears to be very important.This article makes an in-depth analysis of the jurisdiction system of China International Commercial Court,and compares it with the jurisdiction system of foreign commercial courts.The article mainly adopts the methods of literature research and comparative research,and compares the advantages and disadvantages of the International Commercial Courts of various countries,the definition of cases,and the various subdivision jurisdiction systems.Finally,it puts forward targeted suggestions for my country’s judicial practice.In addition to the introduction and conclusion,this article mainly includes the following four parts:The first part mainly carried out the theoretical overview of the International Commercial Court,including the concept of the jurisdiction of the International Commercial Court and the basis of jurisdiction.The article first expounds the concept of jurisdiction and the theory of foreign-related civil and commercial jurisdiction,and then leads to the concept of international commercial court jurisdiction.The concept of international commercial court jurisdiction includes jurisdiction over domestic affairs and jurisdiction over international affairs.According to existing laws and regulations,the types of jurisdiction of China International Commercial Court mainly include jurisdiction by agreement,arbitration jurisdiction over arbitration cases,and discretionary jurisdiction.The second part enumerates the problems currently faced by China International Commercial Court.Firstly,it discusses the conflict of jurisdiction,which includes two levels: international and domestic;Then,it analyzes the specific jurisdiction system,the clarification of "international commercial cases",the problems of jurisdiction by agreement,and the problems of my country’s arbitration jurisdiction system.At present,China International Commercial Court is not sufficiently clear about the constituent elements of commercial cases,which will greatly affect China International Commercial Court’s jurisdiction over international commercial cases;the provisions on the jurisdiction of agreements retain the limitation of “practical contact”,which is very important for China International Commercial Court has certain constraints on the neutrality and impartiality of the jurisdiction of the case;the parties’ application for arbitration cases is not comprehensive enough,and at the same time,applying to the International Commercial Court for arbitration preservation will deprive the parties of the relief measures.The third part mainly analyzes the jurisdiction systems of other International Commercial Courts outside the territory.Within the existing system of International Commercial Courts,the recent International Commercial Courts have embodied certain institutional innovations.It mainly introduces the advanced practices of extraterritorial international commercial courts in terms of jurisdiction,agreement jurisdiction,and arbitration jurisdiction,such as the detailed expansion of the scope of "internationality" and "commercial";cancellation of actual contact requirements;establishment of level jurisdiction The appellate body protects the interests of the parties.The fourth part puts forward specific suggestions for improving the jurisdiction system of China International Commercial Court.Our country needs to establish a jurisdiction system that suits our national conditions and expand the scope of jurisdiction.It is necessary to refine the “international” and “commercial” standards for specific jurisdictional rules;to broadly interpret the agreed jurisdiction system;to establish international commercial courts nationwide in accordance with the regional establishment or the method designated by the Supreme People’s Court to allow The parties choose the International Commercial Court as the court of jurisdiction for disputed cases according to their own needs.