| The rapid development of Internet technology has brought about profound changes in the business operation model.Internet contracts have gradually integrated into people’s lives.Due to the virtual and cross-regional nature of the network,there are many differences between network contract disputes and traditional civil disputes.Agreement jurisdiction is the most efficient dispute resolution method.Under the current network background,how to construct a network contract dispute agreement jurisdiction mechanism has caused people to The widespread concern.This article starts with the 2012 China Civil Procedure Law and the 2015 Judicial Interpretation,and analyzes the current agreement jurisdiction system in China by analyzing the related documents regulated by the Judicial Document Network involving network contract agreements.The challenges faced by the Internet background,through the reference to the legislation and practice of the Anglo-American law system,civil law system and international conventions,to explore the way out for the jurisdiction of China’s network contract disputes agreement,and proposed to improve the jurisdiction of China’s network contract disputes agreement Suggestions.It can be found that under the conditions of the traditional agreement jurisdiction system,perfecting China’s network contract disputes agreement jurisdiction system should comply with the characteristics of the network,the trend of the times,and specific principles,so as to ensure the self-discipline and healthy development of the Internet economy model.This article is divided into four chapters:The first chapter is an overview of the jurisdiction system of network contract disputes agreement.This part introduces the concept and characteristics of the network contract concept and characteristics and the concept and value of the jurisdiction of the agreement,so as to clarify the concept and significance of the jurisdiction of the network contract dispute agreement,under the analysis of the causes and feasibility of the network contract dispute,through the analysis of the network.The "contract","network" and "foreign-related" tribunals under the jurisdiction of the contract dispute agreement will pave the way for the challenges that will arise from the traditional jurisdiction of the following agreements.The second chapter,the jurisdiction of China’s network contract dispute agreement.As the core of the full text,first,proceed from the legislative level,introduce and study the updating and replacement of the articles on the three major properties;secondly,search and research on the related documents concerning the jurisdiction of network contract disputes through the “Documents of Judgment”.The actual conditions test the above-mentioned laws;finally,through the relevant conclusions of both legislation and practice,the analysis of the two-sided contract jurisdiction of the network contract dispute agreement was concluded.The third chapter is the inspection of the jurisdiction of the extraterritorial network contract dispute agreement.Different legal systems and different countries are used as logical frameworks to elaborate on the three aspects of “contract validity”,“court and connection points” and “format contract issues” above,and draw relevant conclusions for the next chapter.The system is perfect for reference.The fourth chapter,China’s network contract dispute agreement jurisdiction.Through the analysis of the above three chapters,we propose our own relevant recommendations for the improvement of China’s contract jurisdiction system for network contract disputes.That is,under the premise of adhering to the principle of equal protection,the principle of "two conveniences" and the principle of autonomy of will,the "court and connection point" of the jurisdiction system of the agreement of China’s network contract disputes will be clarified,and the "contract validity" will be strengthened.The Emphasis on the Protection of the Weak,and a Re-examination of the "Foreign-related Issues."... |
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