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The Research on Declining Jurisdiction in International Civil Procedure

Author: WangHui
Tutor: HuangJin
School: Wuhan University
Course: International law
Keywords: Declining jurisdiction Non conveniens doctrine Parallel Proceedings Party autonomy
CLC: D997.3
Type: Master's thesis
Year: 2005
Downloads: 201
Quote: 1
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Abstract


With the further development of globalization , international trade and economic activities become increasingly frequent. In view of the Court Civil Jurisdiction and their national and national interests are closely related , in order to better protect the interests of the country and the national jurisdiction of the system , the world's ever-expanding worldwide situation of fierce competition jurisdiction . Although the expansion of the jurisdiction of the parties to provide more comprehensive judicial relief , but its disadvantages are also obvious. The parties may increase the cost of litigation and substantial inconvenience resulting imbalance between the interests of the parties : the Court may occur in parallel proceedings also increased its legal burden and a waste of valuable judicial resources . In order to avoid such drawbacks , the Civil Procedure Law have started to take certain measures to limit excessive domestic jurisdiction . These measures is the system of private international law in this paper is to study the declining jurisdiction . The first chapter overview, declining jurisdiction defined reject the concept and scope of the jurisdiction system . According to the applicable based on the International Civil Litigation in declining jurisdiction system can do three types , namely the denial of jurisdiction under the principle of forum non conveniens , the declining jurisdiction under the parallel proceedings under the declining jurisdiction and party autonomy , the following three chapters refused jurisdiction system applicable to each type mode . In this paper, research methods , specific applicable conditions under the jurisdiction of the case refused to analyze the world of the legislation and the provisions of relevant international conventions , revealing some of the features of the common reference for our country , the last chapter In order to improve the system of China 's declining jurisdiction recommendations . This paper is divided into five parts , a total of four thousand words .

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CLC: > Political, legal > Legal > International law > Private international law > International Civil Procedure Law
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