A Study On Perfecting The International Commercial Court System In China From The Perspective Of Contracting Commercial Litigation

In the face of international commercial disputes,traditional civil and commercial litigation is constrained by its own complex and lengthy procedural rules,and it seems that it has not been favored by the parties to international commercial disputes.Recently,many countries have rushed to establish their own international commercial courts in order to expand their domestic judicial service market and enhance their international competitiveness in judicial services,trying to add a high-quality dispute resolution option for parties to international commercial disputes.One of the highlights of the modern international commercial court system is to pay attention to the flexibility and flexibility of the procedural rules,highlight the private nature of commercial litigation,and strive to respect and protect the parties 'autonomy and procedural freedom in commercial litigation.Through its unique procedure setting,it strengthens the subjective awareness of the parties in commercial litigation procedures in terms of jurisdiction contract,procedural language selection contract,evidence contract,appeal contract,and program conversion contract,so as to better cater to the trend of commercial litigation contract To provide institutional guarantee for the smooth resolution of international commercial disputes.In an international society where international judicial competition is becoming fiercer,China has also established its own international commercial court in 2018 in order to obtain a more active judicial voice in the international judicial environment.It is true that the framework of China's international commercial court system has not yet incorporated sufficient contractual concepts in its program design and system construction.The procedural rules are inflexible,and it does not highlight its different characteristics and advantages from traditional domestic commercial litigation procedures.Therefore,from the perspective of commercial litigation contractualization,this article takes the autonomy of parties intentions as a breakthrough,and draws on the experience of other countries' excellent international commercial court mechanisms to combine with the specific national conditions of thecountry,and strives to give a perfect system design and procedural structure of our own international commercial court some advice.This article is divided into four parts.The first part introduces the contractual arrangements in the commercial litigation system of the maritime courts of Athens in Ancient Greece and the medieval European merchant courts,and points out that the concept of contractualization of commercial litigation may be invisible in the 4th century BC,which has spawned the historical prototype of the modern international commercial courts,and paved the way for the follow-up on the modern international commercial courts.The second part discusses the value positioning of the modern international commercial courts in various countries,including respecting and encouraging commercial litigation contracts Values,responding to the needs of the rule of law in the deep development of international commercial exchanges and cooperation,and responding to the guidelines of business logic and the spirit of commercial law,and other relevant values,and on this basis,I pointed out the value choice and system of China in establishing the China International Commercial Court The deficiency of contractualization;the third part takes the different stages of international commercial litigation procedures as the demarcation points,and introduces the procedural structure of commercial contractualization of modern international commercial courts outside the territory,such as jurisdictional contract,procedural language selection contract,program conversion contract,and agreement appeal Or agreement Non-appealing contracts and other contractual behaviors in order to draw on the advanced experience of international commercial courts in the context of combining local judicial resources;the fourth part combines the full text and improves the contractual concept of the top-level design of China's international commercial courts and the construction of contractual procedures.The dimension gives some suggestions on perfecting China's international commercial court system on the agreement jurisdiction contract,litigation language selection contract,evidence contract,and procedure conversion contract.