论中国国际民商事诉讼协议管辖制度的立法缺陷与改良

On Legislative Defects and Perfection of the Agreement Jurisdiction System in China International Civil Litigation

协议管辖制度已发展成为国际民商事诉讼中一项基本管辖权制度,并呈现出以下新的发展趋势:放宽管辖协议形式要件;拓展协议管辖适用范围;淡化协议法院与案件联系因素。为保证协议管辖制度的合理运用,各国均对该制度在立法和理论上作出了必要的限制。为顺应国际潮流,中国相对落后的协议管辖制度之立法和理论亟待进一步充实和完善。

Agreement jurisdiction system has become a basic system of international civil and commercial litigation. There are some new development trends of agreement jurisdiction system： form elements of jurisdiction agreement being relaxed ; scope of agreement jurisdiction being expanded ; contact elements between agreement court and case being faded. To ensure the rational use of agreement jurisdiction system, all nations have made necessary restriction in legislation and theory. In order to adapt to the international trend, it is very necessary for China to further enrich and perfect its relatively backward theory and legislation of agreement jurisdiction system.