The International Civil And Commercial Litigation Agreement Jurisdiction System Research

Fully embody the principle of party autonomy in the agreement jurisdiction system of international civil and commercial litigation is a basic system of jurisdiction, which has been commonly agreed by the international community and to use. Now all countries make reasonable limits of agreement jurisdiction, to ensure reasonable and effective use of the system. The Hague convention on choice court agreement is the first systematic and comprehensive the provisions of the agreement jurisdiction of the rules of the special international convention, the convention relating to agreement jurisdiction of the legislative spirit and achievements worthy of various countries to learn from. With China’s accession to the WTO, economic globalization continue to strengthen, agreement jurisdiction in our country legislation, although after several modifications, but still behind the international new trend of development, to meet the needs of the development of the international community, better into the international community, and promote the healthy development of international economic and trade, need further enrich and perfect the system of agreement jurisdiction concerning foreign affairs in our country.Besides preface and conclusion, this paper consists of four parts.The first part is overview of jurisdiction of international civil and commercial legal agreement. Simply introduces the development of international civil and commercial litigation jurisdiction agreement, analyses its nature and the exclusive effect, this paper expounds the legislative intent of the agreement jurisdiction, believe that education is to adapt to the system of international social development has obvious superiority.The second part is under the jurisdiction of international civil and commercial litigation agreement effective elements. This chapter using comparative analysis method, mainly from the agreement jurisdiction in the form of effective factor and the real effective factor two aspects has carried on the analysis, this paper believes that in every national politics, economy, culture, legal system development unbalance situation, to agreement jurisdiction of the effective elements of legislative regulations, there exist certain differences.The third part is governed by the applicable law of international civil and commercial litigation agreement. Are discussed in this chapter determines the necessity of the agreement jurisdiction applicable law, this paper expounds the current international agreement jurisdiction of the applicable law of several theoretical perspectives, and introduces the practice of the Hague convention on choice court protocol, pointed out the applicable law in the agreement jurisdiction system of the importance of international civil and commercial litigation and put forward my own views.The fourth part is the agreement jurisdiction of international civil and commercial action and improvement Suggestions of legislation. This chapter introduces the legislative development of the international civil and commercial litigation agreement jurisdiction in our country, points out the existing legislation defects, combined with the practice of the Hague convention on choice court protocol and the international trend on new legislation, put forward from the applicable scope, form elements and constraints jurisdiction over foreign-related protocol and applicable law, to perfect our legislation Suggestions, in order to achieve integration with the international community, and promote the healthy and orderly international civil and commercial communication.