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案件管辖法院的选择,对涉外案件当事人有着尤为重要的意义。一般情况下,当事人出于便利、熟悉度、诉讼成本等因素的考虑,都希望在本国诉讼。然而我国关于涉外合同案件的管辖权规定纷繁复杂,影响了涉外合同当事人对此问题的全面了解及正确实践。本文拟从我国的立法及司法解释着手,并结合影响确定管辖权的几个特殊问题对我国有关涉外合同案件的管辖权规定作一较为全面的介绍,阐述完善管辖权立法的构想。
The choice of the courts governing the case is of particular importance to the parties involved in the case involving foreign affairs. Under normal circumstances, the parties for convenience, familiarity, litigation costs and other factors, all want to litigation in their own country. However, our country’s jurisdictional provisions on foreign-related contract cases are numerous and complicated, affecting the parties involved in the foreign-related contract’s full understanding and correct practice on this issue. This article intends to start with the legislative and judicial interpretations in our country and make a more comprehensive introduction to the jurisdictional provisions of our country concerning foreign-related contract cases by combining with several special problems that affect the determination of jurisdiction, and elaborate the conception of perfecting the legislation of jurisdictional jurisdiction.