Research On The Jurisdiction System Of China International Commercial Cour

The international commercial court in the modern sense originated from the London Commercial Court in 1895.In order to smoothly promote the "Belt and Road" initiative and gain institutional competitive advantages in the international commercial field,China has established the China International Commercial Court(CICC)in line with the international trend.On January 23,2018,the second meeting of the Central Leading Group for Comprehensively Deepening Reform reviewed and approved the "Opinions on the Establishment of Dispute Settlement Mechanisms and Institutions for the Belt and Road Initiative".In order to effectively implement the various policy requirements on the jurisdiction system of the China International Commercial Court in the Opinions on the Establishment of Dispute Settlement Mechanisms and Institutions for the Belt and Road Initiative,on June 27,2018,the Supreme People’s Court announced the "Regulations on Several Issues Concerning the Establishment of International Commercial Courts" passed by the 1743 rd meeting of the Judicial Committee of the Supreme People’s Court on June 25,2018.The "Regulations" provide explanations on the scope of cases accepted by the International Commercial Court of the Supreme People’s Court,the definition of international commercial cases,and the methods of resolving disputes,and will come into force on July 1,2018.According to the "Regulations",the International Commercial Court accepts the following cases: the parties agree to choose the Supreme People’s Court to have jurisdiction in accordance with the provisions of Article 34(Article 35,the new stipulation)of the Civil Procedure Law and the subject matter is more than RMB 300 million;international commercial cases of first instance under its jurisdiction that need to be tried and approved by the Supreme People’s Court;international commercial cases of first instance that have significant influence throughout the country;application for arbitration preservation in accordance with Article 14 of these Regulations,applying to revoke or enforce an international commercial arbitration award.Regarding the definition of international commercial cases,the Provisions clarify that one or both parties are foreigners,stateless persons,foreign enterprises or organizations;one or both parties have their habitual residence outside the territory of the People’s Republic of China;the subject matter is in China Outside the territory of the People’s Republic of China;cases where the legal facts of the creation,modification or elimination of commercial relations occurred outside the territory of the People’s Republic of China are international commercial cases.On June 29,2018,the Supreme People’s Court of my country established the first and second international commercial courts in Shenzhen and Xi’an respectively,which has become another important event in the reform and development of international commercial courts in the world.On December 5,2018,the Supreme People’s Court issued and officially implemented the "Notice of the General Office of the Supreme People’s Court on Identifying the First Batch of International Commercial Arbitration and Mediation Institutions Included in the ‘One-Stop’Diversified Resolution Mechanism for International Commercial Disputes".The three normative documents of the Supreme People’s Court,the "Procedural Rules of the International Commercial Court of the People’s Court(Trial)" and the "Working Rules of the International Commercial Expert Committee of the Supreme People’s Court(Trial)",have improved the "legislative system" of the jurisdiction system of the China International Commercial Court,and established the China International Commercial Court.The legal basis of the jurisdiction system of commercial courts marks that my country’s international commercial courts have entered a stage of formal operation.The China International Commercial Court came into being in response to the needs of the era of the implementation of the "Belt and Road" initiative.Since the establishment of the two international commercial courts in Shenzhen and Xi’an in2018,according to relevant laws,regulations and judicial interpretations,the China International Commercial Court has actively fulfilled its own jurisdiction and trial responsibilities for foreign-related commercial cases,handling a number of influential international commercial cases,gaining a firm foothold in the international competition and winning the respect of peers.However,due to the late establishment of the China International Commercial Court’s jurisdiction system,insufficient legal preparations,and the existing jurisdiction system for foreign-related civil and commercial cases stipulated by Chinese laws,there are many places that are not in line with international practices.At present,there are still many major theoretical and practical issues in the field of foreign-related commercial case jurisdiction that need to be studied in depth,resulting in the China International Commercial Court.This article is based on the above background,on the basis of carefully sorting out the experience and characteristics of the jurisdiction system of the international commercial courts in the international community,combined with the current laws,regulations and judicial interpretations of the jurisdiction system of the China International Commercial Court,around the China International Commercial Court.The jurisdiction power system in the jurisdiction system,the "final first-instance" trial-level jurisdiction system,the "practical connection principle" in the agreement jurisdiction system,and the "one-stop" function of coordinating mediation,arbitration and litigation for dispute resolution in the jurisdiction of international commercial cases.Several key issues such as platform construction were discussed in depth from both theoretical and practical levels,and academic plans and countermeasures for improving the jurisdiction system of the China International Commercial Court were put forward.This article consists of seven parts including introduction,five chapters and conclusion.The introduction part mainly involves several issues in the writing of this thesis,including the proposition of the problem,the research value and significance,literature review,the main research methods,the structure and main content of the paper,the main innovations and shortcomings of the paper;the main body consists of five chapters,which respectively discuss the general legal characteristics of the China International Commercial Court’s jurisdiction system,the legal basis of the jurisdiction power system in the China International Commercial Court’s jurisdiction system,the analysis of the advantages and disadvantages of the China International Commercial Court’s first-instance and final-instance-level jurisdiction system,and several aspects of the China International Commercial Court’s agreed jurisdiction system;jurisprudence issues,several practical issues in the construction of the "one-stop" platform jurisdiction system of China International Commercial Courts;the conclusion part of the thesis mainly puts forward some academic suggestions on improving and perfecting the jurisdiction system of China International Commercial Courts.Through comparative analysis,empirical research,historical review and case reviews,this paper comprehensively and systematically introduces the main content and important features of the China International Commercial Court’s jurisdiction system,and puts forward my own opinions on improving and perfecting the China International Commercial Court.Academic proposals for the jurisdictional system,and many analytical conclusions have the characteristics of originality and exploration in the legal field.Specifically,the main contents of this paper are as follows:The first chapter focuses on the analysis and introduction of the general legal characteristics of the jurisdiction system of the China International Commercial Court.On the basis of scientifically defining the institutional connotation of the jurisdiction system of the people’s courts at all levels in China,it focuses on the origin and policies of the jurisdiction system of the China International Commercial Court.Based on the analysis of the institutional composition of the jurisdiction system of the China International Commercial Court,while comparing the characteristics of the jurisdiction system of the China International Commercial Court with that of the international commercial courts in the international community,it is pointed out that the construction of the jurisdiction system of the China International Commercial Court needs to focus on research of important legal and practical issues.The central intention of the first chapter is to place the China International Commercial Court’s jurisdiction system in the entire country’s judicial jurisdiction system to examine its institutional characteristics,so as to macroscopically propose the developing direction of the nature and connotation,characteristics,composition,key systems,development status of the China International Commercial Court’s jurisdiction system that can be continuously improved.The research in this chapter belongs to the basic platform,and lays a necessary theoretical foundation for the development of the important concepts and scope of the full text.The second chapter of this paper focuses on the introduction and analysis of the legal basis of the jurisdiction power system of the China International Commercial Court.Starting from the introduction of the jurisdiction theory in the traditional private international law,the historical context,territorial jurisdiction and personal jurisdiction,agreement of the jurisdiction theory of private international law are introduced and analyzed.The basic legal issues of the important international civil and commercial jurisdiction system,such as jurisdiction and exclusive jurisdiction,are analyzed from historical and comparative perspectives.On this basis,this paper mainly introduces and analyzes the background and importance of the establishment of the China International Commercial Court,makes a detailed analysis of the connotation and characteristics of the jurisdiction system of the China International Commercial Court,and focuses on the jurisdiction power system of the China International Commercial Court.It makes a comprehensive analysis of the legal features of the China International Commercial Court’s jurisdiction system,including the final instance of the first instance,the priority agreement jurisdiction,and the construction of a "one-stop" platform.This paper briefly expounds and analyzes the reasons for several issues concerning the jurisdiction power system of the China International Commercial Court,and points out that there are currently imperfect provisions on the concept of international commercial cases,the unreasonable arrangement of the China International Commercial Court’s trial-level jurisdiction system,and the agreement jurisdiction system.It also analyzes the related reasons and puts forward corresponding academic countermeasures and suggestions.The third chapter of this paper analyzes the advantages and disadvantages of the China International Commercial Court’s first-instance and final-instance-level jurisdiction system,which has attracted much attention from scholars at home and abroad,and makes a legal basis for the existence of the first-instance and final-instance-level jurisdiction system of the China International Commercial Court’s jurisdiction.Through analysis,it is pointed out that the first-instance and final-instance-level jurisdiction system contains conflicts and balances between procedural justice and substantive justice,justice value and efficiency value,trial supervision and rights relief.Then,this paper makes an in-depth analysis of the advantages and disadvantages of the trial-level jurisdiction system of the China International Commercial Court,and believes that there are currently the following problems,including the priority of the efficiency of the final trial of the first instance,the difficulty of launching a retrial,and the lack of judicial supervision.Different academic views put forward by the pros and cons of the trial-level jurisdiction system,and put forward their own academic propositions.At the same time,in this chapter,the author makes an in-depth analysis of the extraterritorial experience of the judicial trial level jurisdiction system,introducing the model of the European Court of Human Rights,the Singapore International Commercial Court,the Commercial and Property Court of England and Wales,the Dubai International Financial Centre Court,and the WTO expert group model of international conventions and treaties,and based on extraterritorial experience,puts forward the direction for the establishment of China’s international commercial court’s trial-level jurisdiction system,including respecting the principle of the rule of law to protect the rights of the parties,strengthening the internal and external supervision of judicial power,and establishing an appellate body,academic advice on the first instance and final review,etc.The fourth chapter focuses on the introduction and analysis of several legal issues of the China International Commercial Court’s agreement jurisdiction system.Firstly,it reiterates the theory of the principle of contractual jurisdiction and practical connection,and analyzes in detail the connotation and historical development of contractual jurisdiction,the principle of practical connection and the principle of autonomy of will,the evolution of the standard for determining the actual connection,and the experience of extraterritorial international commercial courts,etc.According to the analysis conclusions put forward in this paper,the application and defects of the China International Commercial Court’s Actual Linkage Principle are deeply analyzed.On the basis of the problems and deficiencies existing in the practical connection principle of China International Commercial Court,some suggestions are put forward to expand the theoretical basis of the practical connection principle,including the theoretical reconstruction of the concept of connection point,and the strengthening of the principle of national sovereignty and security.It is necessary to carry out a scientific and effective theoretical analysis of the principle of protecting the weak.To this end,the author puts forward suggestions for improving the system of the principle of practical connection,including reshaping the position of the China International Commercial Court(offshore court),absorbing the prior experience of applicable laws and regulations in the United States,expanding the interpretation of the principle of practical connection,and clarifying the connection point.The fifth chapter makes an in-depth analysis of several practical issues in the construction of the "one-stop" platform jurisdiction system of the China International Commercial Court.Based on the theoretical basis of the "one-stop" and diversified dispute resolution mechanisms,the boundary of jurisdiction,the principle of party autonomy,the principle of finality of judicial adjudication,and the procedural connection between arbitration,mediation and litigation(the relationship between conflicts,coordination and interaction among the three)have been theoretically discussed,and the judicial support for arbitration interim measures has been discussed.In-depth discussions were made on the practical feasibility of important issues such as judicial confirmation of mediation agreements,judicial supervision of arbitral awards,and the introduction of arbitration to mediation.Self-governance of will,convenience for the parties to choose,relevant rules are introduced,the concerns of the parties are eliminated,the non-litigation settlement mechanism is placed in the first place,and academic suggestions such as the corresponding international conventions(New York Convention,Convention on Choice of Court Agreement,Singapore Convention on Mediation)are met.The conclusion part of the thesis mainly summarizes and sorts out the various academic suggestions put forward by this paper on improving and perfecting the jurisdiction system of the China International Commercial Court,including the revision of the People’s Court Organization Law,the Civil Procedure Law and other related laws,and elevating the China International Commercial Court to a special court and serve as an appellate court for hearing foreign-related commercial cases at all levels of people’s courts below the provincial level;it is necessary to refine the actual connection principle in the jurisdiction system for foreign-related civil and commercial cases stipulated by the current Civil Procedure Law and other laws;demonstration role of the "one-stop" platform of China International Commercial Court in the overall arrangement of jurisdiction in litigation,arbitration and mediation;it is necessary to closely follow the development trend of international commercial rule of law,and enhance the overall situation and strategic awareness of serving the implementation of the "Belt and Road" initiative and so on.The above academic plan once again highlights the various innovative academic viewpoints and practical academic suggestions put forward by the author in this paper,so as to focus on the academic ability and academic contribution of this paper.