On The Contractual Jurisdiction System

Contractual jurisdiction is also call jurisdiction on the bases of agreement. It has now been developed into a basic jurisdictional system in international civil litigations. Countries all over the world have established the system accordingly which is necessary to ensure the reasonable use of the contractual jurisdiction system. There exist many setbacks in China's contractual jurisdiction system, thus it cannot meet the need arising in legal practice development, so softening of limitations on the conditions of the system is important to take advantage of its merits to the largest extent. It is urgent to substantiate the rules and improve our backward choice of court system in order to meet the international trend in jurisdictional system.This essay reviews the rules in international treaties and domestic laws in the countries concerned, absorbs newest theories in private international law realm, indicates problems in judgment of validity of the choice of court agreement which arises from the dual different regulations between foreign-related and purely domestic rules, points out the merge of two systems i.e. purely domestic system and foreign-related system, and suggests to set forth in detail implied contractual jurisdiction rules and enlarge the area in which the system will apply, hoping to provide some useful advice to the improvement of contractual jurisdiction system in our country.