中外协议管辖制度之比较

与美、法、德等国的协议管辖制度相比，我国协议管辖制度在协议管辖范围、明示协议管辖和默示协议管辖等方面尚存在一些具体问题。应当借鉴国外相关制度中的合理成分，完善我国的协议管辖制度，协调法院职权与当事人处分权之间的矛盾，适应司法实践的需要。

The Compare of Civil and Foreign Agreement Jurisdiction System

Comparing the national agreement jurisdiction systems is to explore the rule of reforming the agreement jurisdiction system under the conditions of market economy to consummate the agreement jurisdiction system of our country. This paper introduced characteristics of the United States, France and Germany, analyzed some problems such as the range of the civil agreement jurisdiction in our country, indicated clearly the choice of having jurisdiction and silently showed the choice of having jurisdiction, etc. and tried to harmonize conflict between the authority of court and the parties＇ disposition from the theoretical point. The purpose to point out the suggestions is to meet China＇s judicial practice.