The problem

  So far, special provisions of international treaties jurisdiction over foreign-related civil cases mainly are: 11928 "Bustamante code" fourth volumes, the first two chapters, the European Economic Community in 21968 "Convention on the" enforcement of civil and commercial case jurisdiction and judgment, 31952 "about civil jurisdiction in the Convention on certain rules of ship collision", "41958 Hague international there are conventions" movable property sale and purchase agreement jurisdiction, Hague 51965 "Convention on choice of court agreement" etc.. A jurisdiction clause in the treaty have special columns: (1) the 1902 Hague "divorce and separation of conflict of laws and jurisdiction conflict Convention", (2) Hague "1965 adoption of jurisdiction, applicable law and recognition Convention", (3) in 1977 Rio de Janeiro "unified collision related civil jurisdiction, the choice of law, the recognition and enforcement of judgments in the Convention on certain rules", (4) Brussels "1969 International Convention on civil liability for oil pollution damage", (5) 1980 "United Nations Convention on international multimodal transport of goods", (6) 1978 "United Nations Convention on carriage of goods by sea" (Hamburg Rules).

   Foreign civil jurisdiction scope is refers to a country courts of civil cases involving foreign element. The Civil Procedure Law of our country determines the foreign-related civil jurisdiction is in accordance with the following principles: 1, proceedings and the court where the actual connection principle. That litigation and our courts in some actual connection, the people's courts have jurisdiction; 2, the parties to respect the principle. Both parties are legal persons or other organizations, China citizens, without violating the jurisdiction by level and exclusive jurisdiction, can choose and the controversy to have the jurisdiction over the actual relation place court. 3, maintaining the principle of state sovereignty. Jurisdiction is an important part of national sovereignty. Exercise the right of exclusive jurisdiction of foreign-related civil cases, fully embodies the principle of safeguarding national sovereignty.

    Types of foreign-related civil jurisdiction is divided into: 1, jurisdiction. Because of contract disputes or disputes over property rights, mentioned to has no domicile in the people's Republic of China in the litigation, if the contract is signed or performed within the territory of the PRC, or the object of litigation in the people's Republic of China, or the defendant within the people's Republic of China has distrainable property, or the defendant within the people's Republic of China has a representative office, the contract is signed, the performance of the contract, the subject matter is located, for the seizure of property is located, tort or representative institutions under the jurisdiction of the people's court at the domicile. 2, agreement jurisdiction. Jurisdiction over Foreign-related Contracts or foreign-related disputes over property rights and interests of the parties may agree in writing to choose has practical connections with the dispute to the court of the place where the jurisdiction of the people's Republic of China, choice of court, shall not violate the provisions of Civil Procedure Law on jurisdiction. 3, litigation jurisdiction. Foreign civil proceedings the defendant raises no objection to the jurisdiction of a people's court, and responding to the respondent, be deemed to have accepted that this people's court has jurisdiction over the court. 4, exclusive jurisdiction. Due to the performance of Sino foreign joint venture enterprise contract, Chinese foreign cooperative joint ventures, Sino foreign cooperative exploration and development of natural resources dispute lawsuit in Chinese field, under the jurisdiction of the court Chinese.
    Since the new Chinese was founded, China has with other countries concluded a series of international civil jurisdiction clause in bilateral treaties. In addition to our and bilateral treaties, also signed or joined with the international civil jurisdiction provisions of international conventions. Such as, China to participate in the "International Convention on civil liability for oil pollution damage", "international railway freight transport agreement", "unification of certain rules for international carriage by air", "civil jurisdiction in matters of collision, some provisions of the International Convention", "the Vienna Convention on diplomatic relations", "the Vienna Convention on Consular Relations" and so on. I also did not participate in the international civil jurisdiction of special international convention. Hague in 1958 as "international pecunia Sale Agreement Jurisdiction Convention", 1965 "Hague Convention on choice of court agreement" etc..
China's courts in the trial practice, the jurisdiction of civil cases involving foreign element shall be determined in accordance with the relevant provisions of international conventions in China and signed or participate in the "PRC Civil Procedure Law", if there is no laws of practice, can be appropriate to refer to the international conventions or most of the countries in the world by the determination of international civil jurisdiction.