The Hague Convention On The Choice Of Court Agreements And Its Inspiration On The Protocol Governing System Of Our Country

The Hague Convention on Choice of Court Agreement of 2005(hereafter the Convention) is genuinely the first worldwide convention on recognition and enforcement of judgment.In comparison with the originally ambitious project-a comprehensive global convention on jurisdiction and recognition and enforcement of foreign judgments in civil and commercial matters,the Convention is downsized radically into a stand-alone convention on choice of court agreements which becomes the only one of grounds of jurisdiction.However,the Convention is actually a valuable product of considerable quality—validating party autonomy,facilitating the free movement of judgment,and promoting international business transactions smoothly.At the same time,protocol governing system is an important part of the civil jurisdiction.As the embodiment of the autonomy in the proceedings and at the days of the more respects for autonomy,protocol governing system has become increasingly prominent.However,because of the specificity of the area of litigation, as well as the differences in the context of the national legislation,countries around the world also have many differences in the system of legislations.This has resulted in "positive conflicts" and "passive conflicts".Countries around the world have worked hard to solve the problem,and the birth of the Hague Convention on the Choice of Court Agreements of 2005 is one of the important results on the international civil jurisdiction and foreign judgments,recognition and enforcement of judgment.The dissertation is composed of four chapters and it main contains:Chapter1 is about the background of the Convention,and it contains two parts:the draft background and the promoting processes.Seen from the entire environment of the constitute of the 2005 Convention,the main reasons are as followed:the integrative promote of the world economic,the frequently communications of the international civil and commercial business,the Hague Convention and the countries included USA are searching the level of jurisdiction of the international civil and commercial.Chapter 2 is about the aim and the main contents of the Convention.This chapter main analyses the aim and the content,it first analyses the aim,and points out the advantages of the choosing court article;secondly,it main analyses the contents, mainly from the base configuration and the protocol system.This chapter can help us to have a all-side understand of the whole Convention.Chapter 3 is the core of the dissertation;it is about the scope of the applying. Firstly,it points out the terms of applying,from the analysis of the "global case" and different country has different means to solve.Secondly,it is about the no-applying terms of the Convention.Chapter 4 is about the inspire to our country's protocol government.It is mainly from Chin's current legislation on the agreement of the relevant provisions of the jurisdiction of the system and problems of analysis.The feasibility of the Convention in China is from the scope of application of the compatibility of our laws,exclusive choice court agreement and the relevant provisions of China,as well as the relevant provisions of the obligation of the court and other aspects of the comparative analysis.