| 英文摘要 |
The consensual jurisdiction based on party autonomy shows significant superiority, but the premise that one court exercises consensual jurisdiction is that there is an effective consensual jurisdiction clause between parties. Therefore, how to determine the validity of consensual jurisdiction clause and choosing to which country’s law to find its effectiveness are very necessary. In the legislation and judicial practice of various countries and international organizations, there are many different views and theories about the applicable law of forum selection clauses. This research will discuss the Civil Procedure Law of the People’s Republic of China (2012 Amendment) and try to identify the shortages of provisions related to consensual jurisdiction through reviewing Chinese cases. In conclusion, the applicable law of consensual jurisdiction clauses, the researcher plans to provide targeted suggestions and put forward specifically designed provisions with a comparative method, hoping to optimize the relevant legislation in our country. |
