The Application Of The Doctrine Of Inconvenient Court In The Jurisdiction Of Agreement In China

Agreement jurisdiction system refers to the system in which the parties agree on the dispute between the two parties in civil and commercial cases,and the courts of a certain country or several countries are qualified to hear the dispute,and the court exercises jurisdiction based on effective jurisdiction agreement.In the current field of international civil and commercial litigation,the main countries of the two legal systems have basically accepted and recognized the jurisdiction by agreement,because the jurisdiction by agreement respects and confirms the autonomy of parties.Because the jurisdiction of agreement will cause the protection of the parties’ right of action and judicial sovereignty and other issues,each country will usually impose certain restrictions on its application.The common law countries mostly use the court’s discretion to apply the inconvenient court principle to limit the agreement jurisdiction,while the civil law countries mostly use the practical contact principle to limit it.As far as our country is concerned,our country has introduced the jurisdiction of agreement into the Civil Procedure Law of the People’s Republic of China since 1991,and it has continued to this day.However,in the past judicial practice of our country,the application of the principle of actual connection of agreement jurisdiction by the people’s courts was very confusing,which could not guarantee the parties’ right to choose litigation courts freely to the greatest extent.Therefore,in judicial practice,the application of the principle of forum non conveniens in China has a tendency to gradually expand.As for the principle of inconvenient court,China affirmed this principle in the form of judicial interpretation for the first time in the Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China in 2015(hereinafter referred to as the Judicial Interpretation of Civil Procedure in 2015).However,there are still some problems in the application of the principle of inconvenient court in China’s legislation and judicial practice.In order to enhance the value of the application of the principle in China’s agreement jurisdiction,this paper will put forward perfect relevant suggestions on its application.This paper is divided into four parts.The first part is to introduce the basic problems of forum non conveniens principle in the agreement jurisdiction.Firstly,it defines the concept of inconvenient court principle and agreement jurisdiction,and explains why the inconvenient court principle is applied in agreement jurisdiction.Secondly,it analyzes the positive and negative effects of the forum inconveniences principle in the jurisdiction of agreement.Finally,it introduces the legislative mode of forum inconveniences principle and the influence of different legislative modes on agreement jurisdiction.The second part explains the practice and existing problems of forum non conveniens principle in China’s agreement jurisdiction.On the one hand,this paper introduces the implementation status of the inconvenient court principle in China’s agreement jurisdiction system,on the other hand,it analyzes the problems existing in the application of the inconvenient court principle in China’s agreement jurisdiction at present.The third part discusses the legislation and practice of the principle of inconvenient court in the jurisdiction of agreement.Firstly,it introduces the legislation and practice of forum inconveniences principle in agreement jurisdiction in common law countries represented by the United States and Britain.Secondly,it introduces the legislation and practice of the principle of inconvenient court in the jurisdiction of agreement in civil law countries.Then,it compares the attitudes of the two legal system countries on the application of the forum non conveniens principle in the agreement jurisdiction.Finally,it analyzes the reference of the application of the principle of extraterritorial inconvenient court to China’s agreed jurisdiction system.The fourth part is the reflection on the application of the principle of forum non conveniens in the jurisdiction of agreement in China,and puts forward some suggestions to improve it.First of all,it analyzes the practical needs of China to improve the application of the principle of inconvenient court in the agreement jurisdiction.Then,in view of the problems existing in the application of the principle of inconvenient court in the jurisdiction of agreement in China,the author puts forward some suggestions.