On The Improvement Of The Agreement Jurisdiction System Of Foreign Related Civil Litigation In China

Since China put forward the development strategy of "The Belt and Road" in 2015,the field of foreign civil and commercial communications expanding,international exchanges have become increasingly close,there is a large number of foreign-related civil and commercial disputes.In order to solve the dispute,especially in favor of the recognition and implementation of the court decision,the laws of all countries have given the rights of the parties involved in the civil and commercial relations to choose the jurisdiction of the court.However,due to different legal systems between different legal systems,different countries of the same legal system,and even the different jurisdictions of the same country,the regulations on the jurisdiction of the foreign-related civil procedure agreement are different,and some are even different,thus making the conflict of the legal conflict in the jurisdiction of the foreign-related civil procedure jurisdiction unavoidable.In our country,although the relevant legislation has made the corresponding regulations on the jurisdiction of the foreign-related civil litigation,the experience in determining the jurisdiction of the foreign-related civil procedure agreement is not very rich,and the influence of other factors on the jurisdiction of the foreign-related civil procedure is short.The provisions of agreement jurisdiction system in foreign related civil proceedings are not complete.Moreover,in the specific judicial practice,there is also fuzzy uncertainty in our court's cognizance of Foreign Civil Procedural Jurisdiction Agreement.This not only affects China's proper handling of specific civil disputes involving foreign elements,but also affects our international prestige and reputation.In view of this,this article,on the basis of "On the Improvement of the agreement jurisdiction system of foreign related civil litigation in China",analyzes the current situation and characteristics of the jurisdiction system of China's foreign civil litigation agreement,and analyzes the shortcomings of the system in the legislation and judicature of our country,and compares the institutional framework of the outer legal domain to the analysis and reference.In order to further improve our country on the jurisdiction of the foreign-related civil litigation,it will be helpful to the settlement of the jurisdiction of the foreign civil litigation and the problems in the judicial practice.In addition to the introduction and conclusion,the paper consists of four parts.The first part analyzes the judicial status quo of the agreement jurisdiction system of foreign related civil litigation in China.The empirical sample shows that in the judicial practice of our country,the amount of disputes over the jurisdiction of foreign civil litigation has increased year by year,and the courts have higher levels of jurisdiction and larger differences in regional distribution.These status shows that the governing system of the foreign-related civil litigation agreement is no longer a trivial and extreme.Less applicable system should be valued and perfected for its existence and possible problems.The second part analyzes the main problems existing in the agreement jurisdiction system of foreign related civil litigation in China.Based on the analysis of empirical samples,it is not difficult to find that there are at least 4 problems in the jurisdiction system of China's foreign-related civil procedure agreement:in determining the applicable law of the validity of the jurisdiction of the agreement,the judicial practice in our country advocates the law of the court as the applicable law,and does not consider the law of the choice of the parties concerned,the applicable law of the main contract and the election.If the agreement does not clearly indicate whether the jurisdiction of the foreign-related civil procedure agreement has exclusiveness,it is presumed to be exclusive,but the "submersible rule" fails to make clear provisions in the legal form,and it is easily disputed;the thirty-fourth article of the Civil Procedure Law of China and 531st articles of judicial interpretation are emphasized in our country.The jurisdiction agreement of the foreign-related civil procedure can only stipulate the jurisdiction of the court of the defendant's domicile,the place of the contract,the place of the contract,the place of the subject matter,the place of the plaintiffs residence,and the place of actual contact with the dispute.This limitation does not fully respect the autonomy of the parties to the agreement;the Civil Procedure Law revised by China in 2012 has been cancelled.The two track system,which divides the foreign and domestic civil litigation jurisdictions separately,becomes the single track system of the two parties,which seriously affects the perfection of the jurisdiction system of the foreign-related civil litigation agreement.The third part is to investigate and analyze the agreement jurisdiction system of foreign related civil litigation.The jurisdiction of Japan,Germany,the United States,the European Union and the Convention on the choice of the agreement on the agreement of the court of justice provides experience for the improvement of the jurisdiction system of the foreign civil litigation in China.At the same time,the process of its historical evolution shows that the institutional framework of various jurisdictions is different from the actual situation of its country and region,but all of them present a historical trend of diversification and unification,and the jurisdiction system of the foreign civil litigation agreement will be more perfect in the exchange and reference of the various jurisdictions.The fourth part puts forward the idea of perfecting our foreign related civil litigation agreement jurisdiction system.First,the specific content of the system should be perfected and the applicable law,exclusiveness and agreement form of the jurisdiction agreement are clearly defined.Secondly,the restrictive conditions for the application of the system should be perfected,the principle of protecting the protection of the weak and the principle of the actual contact should be removed;finally,we should comply with the civil and foreign-related civil and foreign-related civil cases.The different development trend of the lawsuit is to restore the mode of the double track legislation,and separate the provisions of the jurisdiction agreement of the foreign-related civil litigation from the domestic civil action,and make a separate provision.