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The Research on International Civil and Commercial Jurisdiction and It’s Perfection in China

Author: ZhangJing
Tutor: QuGuangQing
School: Dalian Maritime University
Course: International Law
Keywords: International Civil and Commercial Matters Jurisdicion The basis for determining Perfect
CLC: D997.3
Type: Master's thesis
Year: 2006
Downloads: 554
Quote: 4
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Abstract


Accompanied by the development of the integration of the global economy, the international civil and commercial disputes growing number and increasing complexity of international civil and commercial litigation as the main method to solve this dispute, but also more and more be applied, the international civil and commercial litigation jurisdiction determine whether the proceedings as a matter of the smooth progress of the premise, but also by the attention of more people. The current legal provisions, there are many imperfections, this: Ai trying to determine the principles and practices of other countries by addressing common international jurisdiction, provide some suggestions and opinions for the improvement of our legislation. This paper consists of five parts: The first chapter gives an overview. Introduces the concept of international civil jurisdiction, types, and its important position in international civil litigation, so as to make bedding below. The basis for determining the second chapter of the International Civil Procedure Jurisdiction. Jurisdiction of several internationally accepted basis for the determination to make the introduction, but also introduces the currently popular theory of forum non conveniens and pending litigation theory. On the improvement of China's international civil and commercial litigation jurisdiction in order to provide a reference. The third chapter of the International Civil Procedure Jurisdiction of conflict and its resolution. This chapter is an important part of this paper, in this section specify Parallel Proceedings, the parallel litigation litigation nowhere Conflict manifestations and introduced several principles to resolve conflicts of jurisdiction theory, including the most closely connected principle, the principle of party autonomy, international coordination principle: also introduced the world in the judicial practice of several commonly used way to resolve such a conflict conveniens doctrine and pending litigation order made in the applicable conditions of the Anglo-American countries a detailed description, and introduced on the provisions of the agreement under the jurisdiction of the Hague Conference on Private International Law, adopted on June 30, 2005 Choice of Court Agreements Convention. International Civil Procedure Jurisdiction Chapter Legislative Research. The current legislation on the provisions of the jurisdiction of the international civil and commercial litigation, and pointed out to allow parallel litigation, jurisdiction by agreement, the exclusive jurisdiction of the legislative defects and deficiencies. Chapter improve our international civil jurisdiction of the legislative proposals on legal issues. According to the status quo of China's legislature, has put forward the additional non conveniens doctrine, the introduction of the order pending litigation, modify and improve the conditions of the agreements under the jurisdiction of, and the exclusive jurisdiction of the content Suggestions to perfection to China's relevant laws some gain.

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