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本质上看,涉外协议管辖强调当事人的地位平等,那么,为了防止某些国际民商事关系中的强势方利用其优势地位迫使弱势方签订对弱势方不利的管辖协议,国际社会已经逐步形成涉外协议管辖上的弱者保护限制条件。此外,实质正义的发展也促使了弱者保护限制条件的形成。我国作为一个消费者大国与制造大国,为了保护我国处于整体弱者地位的国际民商事关系当事人,需要在立法中规定弱者保护限制条件。
In essence, the jurisdiction of foreign-related agreements emphasizes the equal status of the parties. In order to prevent strong parties in certain international civil and commercial relations from using their dominance to force the under-privileged parties to sign agreements on jurisdictional agreements that are unfavorable to disadvantaged parties, the international community has gradually formed a foreign-related agreement Underdog jurisdiction protection restrictions. In addition, the development of substantive justice also contributed to the formation of weak protection restrictions. As a big consumer country and a big manufacturing country, our country needs to stipulate the protection conditions for the weak in the legislation in order to protect the international relations of civil and commercial affairs, which is in a position of overall weakness in our country.