Study On The Perfection Of Jurisdiction Of China International Commercial Court

The international commercial court is the product of the internationalization,specialization and liberalization of the foreign litigation system of various countries in recent years.It not only provides a new way to solve the increasingly complex international commercial disputes,but also plays an increasingly important role in enhancing the status of various countries in the international commercial market and the competitiveness of global judicial services.The jurisdiction is the essential condition to accept cases and plays a key role in the competition of judicial competitiveness and international judicial discourse power.The establishment of reasonable jurisdiction system is of great significance in enhancing the international influence of international commercial courts and promoting domestic and foreign rule of law.The first chapter is “the implementation status of the jurisdiction of the China International Commercial Court”.Firstly,normative analysis method is used to introduce jurisdiction system of international commercial court from jurisdiction area and jurisdiction according to two angles.Secondly,through sorting out and statistics of the cases accepted by the International Commercial Court since its establishment,showing the practice status of the jurisdiction system.Finally,there are some problems in China”s international commercial court system,such as a small number of cases accepted and adjudicated,failure of jurisdiction by agreement and discretionary jurisdiction that lacking of due limits.The second chapter is “shortcomings in the jurisdiction system”.By analyzing the historical background,the reflected judicial philosophy and the positioning division of international commercial courts outside the region,it shows the general positioning of international commercial courts in various countries.According to the background and establishment process of Chinese international commercial court,it concludes that Chinese international commercial court should take offshore commercial court as its final positioning.By comparing the design of the international commercial court,it concludes that the reason of the problems of the international commercial court in practice lies in the defects of the jurisdiction system in the jurisdiction area and according to the jurisdiction system.The third chapter is “the direction of improving the jurisdiction system of the China International Commercial Court”.By comparing the system design of different countries in terms of jurisdiction,agreement jurisdiction,discretionary jurisdiction and arbitral jurisdiction,it summarizes the consideration factors of relevant systems and the system advantages shown by different countries.On the basis of this,it analyses the establishment of the jurisdiction of the international commercial court,the system of jurisdiction by agreement,the system of jurisdiction by ruling and the jurisdiction by arbitration.The fourth chapter is “suggestions for improving the jurisdiction system of the China International Commercial Court”.On the basis of the analysis of the above chapters,aiming at the system defects of China’s commercial courts and based on the due setting of the jurisdiction system of China commercial courts,the practical and feasible improvement path is proposed.It includes: broadening the scope of“international” and clarifying the standard of “commercial” to improve the jurisdiction system;Weakening the principle of actual connection of the jurisdiction by agreement,and cancelling the limitation of the subject matter to strengthen the advantage of the jurisdiction by agreement system of the international commercial court;clarify the exercise standards of discretionary jurisdiction and increase the provisions of the parties” application for transfer to promote the system connection between discretionary jurisdiction and general foreign jurisdiction;Add “confirm the validity of arbitration agreement” as the jurisdiction case and improve the litigation preservation provisions to perfect the judicial supervision mechanism of arbitration.