중국법상 선하증권에 의한 관할합의의 諸問題

In China as an exporting powerhouse, as regards the clauses for the choice of court agreement on the bill of lading (B/L), the parties concerned in B/L are mostly small and medium consignors. Accordingly, voices are rising that they should be protected in legal. However, relevant legislation is still inadequate. According to related precedents, it denies reasonable relations or the definitude of choice of court agreement, or invokes the clause that prohibits reduction of carrier's liability, or judges that choice of court agreement clauses should not be applied to torts claims but should be applied only to contractual claims. In this way, China denies the effects of jurisdiction clauses, but has been unable to issue uniform criteria. Such confusions are being intensified though the precedents of the Chinese Supreme Court cannot restrain the decisions of lower courts. In relation to B/L, there is the need to guard the interests of carriers who contract lots of contracts. The protection of domestic consignors may be in the national interests for the meantime, but in the long view, it may cause Chinese courts to distrust foreign companies and also may make trade relations negative. The domestic law cannot regulate standard form contracts properly, and therefore, needs to solve such problems by using public policy clauses, which is the task of Chinese academia and Chinese court as well.