Study On Effectiveness Of Agreement Jurisdiction In China

The effectiveness of agreement jurisdiction is the legal effect or binding to Parties the court and other third-Party from jurisdiction agreement established by parties. The jurisdiction agreement is the premise and foundation of the agreement jurisdiction system. The effectiveness of the agreement jurisdiction system is the main part of the whole system. It contains the definition of agreement jurisdiction effectiveness, elements of agreement jurisdiction effectiveness, the form and content of the effectiveness of agreement jurisdiction, the implementation and guarantee of agreement jurisdiction and so on. The effectiveness of the agreement jurisdiction system in accordance with “the people-oriented”, Fully respect the principal position of party autonomy and litigation, The building and improvement of the effectiveness of agreement jurisdiction system are based on some theoretical foundation, Party autonomy is the core idea of effectiveness of agreement jurisdiction system, the two Parties choose the court to solve dispute according to their own wish, which is a manifestation of program option right and their disposition. After the dispute, the Party brings a lawsuit to the agreed court according to agreement, the court solves the dispute between Parties according to the agreement, this is also the basic request of the principle of good faith. The effectiveness of agreement jurisdiction reflects the legal autonomy degree of respect and restrictions on the parties from the perspective of civilian law, The effectiveness of agreement jurisdiction directly determine the direction from the exercise of the rights and obligations of the parties, also affects the process of case and the parties litigation rights and real rights protection. The study of the effectiveness of agreement jurisdiction is valuable and meaningful to perfecting agreement jurisdiction system, protecting the vital interests of the Parties, increasing the litigation efficiency, realizing justice.The effectiveness of agreement jurisdiction in our nation changes from The civil procedure law in 1991 and the Judicial interpretation to The civil procedure law amendment in 2012 and the civil procedure law explaining started in February 4, 2015, every change Shows more respect the real intention of the parties, expand the free jurisdiction agreement by the parties and protect legitimate expectations of the parties. Agreement jurisdiction system has also been actively to apply in practice, through researching about 4000 judgment documents online about two years from the formal implementation of The civil procedure law amendment in 2012, finding that there are some problems whether in the law or judicial practice: the law of effectiveness of agreement jurisdiction is not very perfect; the referee standards are not uniform; the effectiveness of agreement jurisdiction has conflict with the relevant jurisdiction system.The problem of agreement jurisdiction effectiveness system in our country affects the normal operation of the agreement jurisdiction and functional. Facing to the problems of law and judicial practice, we should according to our practical needs, study other countries’ advanced legislation, improve the agreement jurisdiction system from law and system, clear and perfect the agreement jurisdiction on law, a variety of forms about agreement jurisdiction, make good use of the actual contact, class clear format terms agreement jurisdiction limits,perfect the system of litigation jurisdiction; reduce the conflict between agreement jurisdiction and the relevant jurisdiction system.;perfect our agreement on jurisdiction protection and relief system, the agreement jurisdiction system in China more inclusive and open, try the best to make jurisdiction agreement between the parties effective and the desired legal effect.