Research On The Jurisdiction System Of The China International Commercial Court Under The "Belt And Road" Initiative Investigate

With the deepening of global economic integration and increasingly frequent international trade activities,countries are striving to establish an international commercial dispute settlement mechanism to cope with the growing global trade activities.Correspondingly,there are more and more economic disputes between countries arising from international trade activities.As a world power,in order to adapt to the development of the times and under the premise that many countries in the world have established international commercial courts,China’s Supreme People’s Court issued the Provisions of the Supreme People’s Court on Several Issues Concerning the Establishment of International Commercial Courts and the Procedural Rules of the International Commercial Court of the Supreme People’s Court in 2018,and established the first and second international commercial courts in Shenzhen and Xi’an in June 2018.In 2020,with the approval of the Supreme People’s Court,China’s first prefecture-level municipal international commercial court,Suzhou International Commercial Court,was officially opened.On December 28,2021,the Beijing International Commercial Court was officially established,which is the second international commercial court established at the local level in China.Last year,the Chengdu International Commercial Court was also formally established.This thesis mainly studies the jurisdiction system of the International Commercial Court under the Supreme People’s Court.The establishment of the China International Commercial Court has provided a brand-new way for China to participate in international judicial competition.The rationality of jurisdiction is crucial to enhancing China’s judicial guarantee and international competitiveness,so the establishment of a scientific and reasonable jurisdiction system will become a key factor in enhancing the competitiveness of institutions.This article will explore the shortcomings of the jurisdiction system of the China International Commercial Court in depth,and try to put forward suggestions for improvement in order to achieve more perfect results.China’s International Commercial Court is still in its early stages of establishment,and its jurisdiction system also has some shortcomings.The continuous improvement of the "international" and "commercial cases" standards can better reflect the professionalism and neutrality of China’s international commercial courts;By establishing an appellate body,abolishing the limit on the amount of litigation cases and relaxing the restriction on the principle of practical linkage,it can help the credibility,influence and international competitiveness of China’s international commercial courts to continue to improve.In addition to the introduction and conclusion,this article is divided into four parts:The first part introduces the "Belt and Road" initiative and the basic situation of China’s international commercial court,and introduces in detail the specific content of the current jurisdiction system of China’s international commercial court.This thesis aims to deeply explore the relationship between the Belt and Road Initiative and the establishment of the China International Commercial Court,and elaborate on the concept,characteristics and classification of the jurisdiction of the International Commercial Court in China.First,this article will delve into the background of the Belt and Road Initiative and explain the relationship between the China International Commercial Court.Secondly,this article will introduce in detail the classification of the jurisdiction of China’s international commercial courts,including agreement jurisdiction,elevated jurisdiction and arbitration judicial enforcement jurisdiction.This part makes us more clear about the purpose of the establishment of the China International Commercial Court,so that we can better serve the purpose of the establishment of corresponding suggestions,and at the same time have a clearer understanding of the jurisdiction system of China’s International Commercial Court.The second part analyzes the shortcomings and causes of the jurisdiction system of the China International Commercial Court under the Belt and Road Initiative.Firstly,the shortcomings of the jurisdiction system of China’s international commercial courts at this stage are introduced,which are mainly manifested in the unclear boundary between "international" and "foreign-related" cases accepted;unclear determination of "commercial cases";The level of jurisdiction is too high for the parties to appeal;Some "exclusionary" clauses limit the scope of the case;The principle of practical connection in the jurisdiction of the agreement limits the scope of the case and the unfairness of the two-track jurisdiction.Secondly,the reasons for the existence of these shortcomings are analyzed,mainly including China’s insufficient international judicial status,insufficient authority in hierarchical hearings,improper application of the principle of practical connection,and the short establishment time and insufficient experience of China’s international commercial courts.The third part compares and analyzes the jurisdiction systems of international commercial courts in representative countries along the "Belt and Road",and compares and analyzes the jurisdiction systems of the popular international commercial courts at present,mainly introducing the advanced practices of the more popular international commercial courts in the representative countries along the "Belt and Road" in terms of agreement jurisdiction,hierarchical jurisdiction and arbitration jurisdiction,including the requirements for the principle of practical connection;setting of the amount of the subject matter in dispute;whether the parties agree on jurisdiction as a prerequisite for accepting the case;Provisions on the relationship with the jurisdiction of conciliation institutions and arbitration institutions,as well as provisions on hierarchical jurisdiction and adjudication systems.According to the shortcomings of the second part and the analysis results of the third part,the fourth part puts forward some premature suggestions for the improvement of the jurisdiction system of China’s international commercial court.China needs to clarify the distinction between "international cases" and "foreign-related cases";Clarify the criteria for determining "commercial cases";Downgrading jurisdiction and establishing an Appellate Body;Removal of the limit on the amount of the subject matter of the case;abolishing or adapting the principle of physical link;Improve the content governed by the agreement;Avoid the injustice of the two-track jurisdiction.