On The Theory Of Contractual Jurisdiction Of Civil Procedures In China

The newly revised "Civil Procedure Law",came into effect on January 1,2013,which adjusts the contents of the contractual jurisdictional system,broadens the scope of application of the system in the domestic civil proceedings and unifies the applicable standards for domestic and foreign-related civil action.It also builds tacit contractual jurisdictional system in the domestic civil proceedings.These reflect the progress of China’s judicial reform in the system of jurisdiction.But the system which has some problems in the details can not play its due role.How to clear the effectiveness of contractual jurisdiction and expand the scope of application legitimately,tacit contractual jurisdiction system should pay attention to what all need for further investigation.This paper intends to deepen the analysis of the legal basis of the contractual jurisdiction,tries combing legislative developments of contractual jurisdiction,researches the court rulings of contractual jurisdiction and combines the foreign-related legislation to provide some suggestions to further improve the contractual jurisdiction.In addition to the introduction and conclusion,the text,a total of more than 30,000 words,is divided into three parts.The first part discusses the basic problem of contractual jurisdiction.First of all,it explains the connotation of contractual jurisdiction through the differences and connections of statutory jurisdiction and contractual jurisdiction.Then locates its effectiveness.Next analyzes the theoretical basis of the contractual jurisdictional system from the principle of autonomy,the program main principles,and procedures freedom.Finally,it puts forward three-point necessity of the system.So that it can clear the basic direction and guidelines followed in the development and improvement of contractual jurisdiction.The second part focuses on the legislative development of contractual jurisdiction in China as well as the operation of the judicial practice.First of all,it sorts out the legislative development of contractual jurisdiction in China,focus on the content of contractual jurisdiction which adjusted by newly revised "Civil Procedure Law",points out its effectiveness and insufficient.Then it carries the statistics and summary about two hundred copies of the court ruling collected,and obtains the impact about interests of the parties and the court proceedings which caused by the newly revised "Civil Procedure Law".Finally,it analyzes the expansion trend of the contractual jurisdiction system in the field of non-contractual.The third part is the suggestions for improvement of the contractual jurisdiction system.It studies extraterritorial development of contractual jurisdiction in a perspective of the two legal systems in order to provide some useful suggestions about China’s contractual jurisdiction system.For example,it uses illustrative method to clarify the scope of contractual jurisdiction,relaxes the formal requirements,gives the parties the right to modify when contractual jurisdiction exists defects,enhances the operability of tacit contractual jurisdiction,adjusts the legislative architecture of contractual jurisdiction and so on.At the same time it discusses its feasibility and significance by combining related systems.