Research On Jurisdictional System Of International Commercial Court Of China

In recent years,with the deepening of economic globalization and frequent international trade activities,disputes and contradictions among countries have also increased.In addition,as the “ Belt and Road ” initiative goes from theory to implementation,countries along the route have generated more and more disputes due to differences in politics,economy,culture,environment,religious beliefs,etc.Traditionally,arbitration is used to resolve disputes It also shows a lot of disadvantages.In the context of the development of the extraterritorial international commercial court system,my country has followed the trend of the times and established the China International Commercial Court system.Among them,the jurisdiction system is an important content.This article will elaborate and analyze the scope of the jurisdiction of my country's international commercial court jurisdiction and the content of agreement jurisdiction,discretion jurisdiction,level jurisdiction,arbitration jurisdiction,etc.,and compare it with those outside the region,and finally propose improvement measures.This article is divided into four parts.The first part is an overview of my country's international commercial court jurisdiction system.First,the research object of this article is discussed,starting with the concept of jurisdiction,to the concept of jurisdiction of my country's international commercial court.Secondly,the scope of acceptance of the jurisdiction of the International Commercial Court is explained,that is,an international commercial case.Then it will further analyze what is "international" and "commercial".Immediately followed by a detailed introduction to the classification of jurisdiction of my country's International Commercial Court,including agreement jurisdiction,transfer jurisdiction,level jurisdiction,arbitration jurisdiction and discretionary jurisdiction.This part gives us a relatively clear understanding of the jurisdiction of the International Commercial Court as a whole.The second part mainly analyzes the defects of the jurisdiction system of the International Commercial Court and the reasons for its formation.First,it introduces the defects of the jurisdiction system,which is mainly manifested in the "international" and "commercial" scope of the case is too narrow;there is a practical connection to the jurisdiction of the agreement,and the agreement can only be in written form;The Supreme Court's exercise hindered the parties from seeking relief;in the jurisdiction of arbitration,there are conflicts between the provisions of the Court and the Rules of Procedure concerning pre-litigation preservation,and cases that have not applied for the determination of the effectiveness of the arbitration agreement are not included.Secondly,it analyzes the reasons for the shortcomings of the jurisdiction system,mainly in the history of my country's low international judicial status;the actual contact requirements exist for a long time;the level of trial authority is considered too one-sided;my country's commercial courts were established later.The third part introduces the design of the jurisdiction system of international commercial courts in some typical countries outside the region,and its reference and inspiration for my country.First,it analyzes the jurisdiction system of extraterritorial international commercial courts,mainly introduces the advanced practices of extraterritorial international commercial courts in terms of jurisdiction,agreement jurisdiction,level jurisdiction and arbitration jurisdiction,such as the details of "international" and "commercial" scope.The expanded definition;the requirement to cancel the actual contact;the establishment of an appeal body in terms of level jurisdiction to protect the interests of the parties.Secondly,a comparative analysis of the jurisdiction system of my country's international commercial courts and the jurisdiction system of international commercial courts outside the territory is carried out,so as to extract the enlightenment to our country.The fourth part puts forward specific suggestions for improving the jurisdiction system of my country's international commercial courts.China needs to refine the "international" and "commercial" standards;remove the "actual contact" and restrictions on the amount of the subject;let the parties choose the international commercial court as the court of jurisdiction in dispute cases according to their own needs;reduce the level of jurisdiction and establish Appellate body;matters that expand arbitration jurisdiction.