Study On Major Issues In Hague 2005 Convention On Choice Of Court Agreements

Nowadays,peace and development are the main theme of the times.The worldwide peace has greatly promoted the development of the economic globalization. Each country's economy is intertwined,interdependent,mutual integration.All these make the world economy become an inseparable whole.On the background,the global relations become more frequent and complex along with the gradual perfection of each country's legal system.At the same time,more and more international civil or commercial disputes and conflicts of related jurisdiction spring up.On June 30,2005,The Hague Conference on Private International Law adopted the Hague Convention on Choice of Court Agreements,which was an important milestone in the process of unification of private international law.The Convention reflected many States' urgent need for the unification of international jurisdiction and the recognition and enforcement of foreign judgments in civil or commercial matters.And its accomplishment contained many countries efforts and co-operation.Although in 2007 the revision of China's Civil Procedure Law didn't cover any content of the Convention's related systems,and in the past four years the Chinese government has not taken any substantive measures about ratifying the Convention,but the system designing on choice of court agreements of the Convention can give very good reference to the intemational civil procedure system of China.The Convention is of advanced legislation,precise expression and great signification.Therefore,it will be helpful to continuing to analyze the major problems of the Convention deeply and doing such research on whether China will ratify the Convention or not.This thesis,based on the comparative analysis of the provisions of the Convention and the current legal system of China,puts forward that China's accession to the Convention is not only necessary but also feasible.In addition,some proposals for amending related law are tabled,also some countermeasures of China if it ratify the Convention.