International Civil And Commercial Agreements Under The Jurisdiction Of The System

This article introduces the historical development of contractual jurisdiction at first which is a very important part of international civil procedure. According to contractual jurisdiction, the parties are entitled to determine the jurisdictional courts of their cases. The author believes that jurisdiction agreement has obvious excellences which could decrease the conflicts of jurisdictions and vindicate the system of general international civil procedure. Of course, there are some disadvantages of contractual jurisdictionThere are four chapters in this article over thirty thousand words. The author considers the foundation of existence in theory, also puts forward the basis of contractual jurisdiction, and analyses the development trend, and points out the suggestions of perfecting Chinese litigation system at lastPart One briefly discusses the concept of contractual jurisdiction. Then it considers the general problems of contractual jurisdiction, including the historical development and the status in the international community. The author points out the theoretical and social foundations of contractual jurisdiction. For the former foundation, it attributes to the doctrine of party autonomy in international civil litigation. It results from the principle compromised between private law autonomy and sovereign right. For the latter foundation, it attributes to the requisition of the countries and parties. Because of the two foundations, contractual jurisdiction has become one of the basic jurisdiction principles generally acknowledged by international community.Part Two introduces jurisdiction by parties' agreement It serves as the basis of contractual jurisdiction and is written before or after the occurrence of the dispute by the parties to choose a named jurisdictional court The author analyses the essential system of jurisdiction by parties' agreement from four aspects, including the main body, the form, the content, and the effect In this part, the author focuses on the effect of contractual jurisdiction, and holds that the effect of jurisdiction by agreement is relatively exclusive, since exclusive jurisdiction, which is mostly in accordance with the parties' autonomy, can not only reduce or avoid the conflicts of jurisdictions, but also satisfy the interests of both parties to...