The Study On International Civil Procedure Jurisdiction

The cooperation and coordination are the eternal role of the human being. Even though facing the war, horror, disaster, pollution in the 21th century, the human being have also been praying for the peace, cooperation and development. The willing of cooperation and development is always an important and active factor in promoting and developing the international intercourse. Jurisdiction is the key issue in international civil procedure. First, it reflects the basic principle of the national sovereignty. Second, the commencement of the procedural process and the choice of the substantive law are usually based on which country that the jurisdiction of international civil procedure(JICP) belong to. Third, the appropriate exercise of the jurisdiction is crucial to the overseas admit and implementation of the judgment.This thesis is divided into five chapters and has 200 thousand words. The first chapter is a brief introduction about the jurisdiction of the international civil procedure. The major issues that discussed in this chapter are the followings: The role and function of jurisdiction in the international civil procedure. The relationship between the application of laws and the jurisdiction of international civil procedure. The theory and practice of jurisdictional immunities of States and their property.The second chapter is the confirmation of the jurisdiction of international civil procedure, which includes 3 topics: (1)The basis of jurisdiction., including traditional basis, such as nationality, domicile or residence, the place of matter, the locality of legal action and modern basis as consensual jurisdiction and minimum contracts.(2)The author analyzes with emphasis on legislation and judicial practice of six states which represent the feature of Common Law and Civil Law.(3)Further discussion on the four influential international treaties.The third chapter is the judicial review of the JICP. This chapter consists four topics: The condition and process of admitting and implementing the judgment of foreign courts; the theory of implementing the judgment of foreign courts; the legal application confirmed by the JICP and the related practice in China.The fourth chapter is about the conflict and solution of the JICP. Several topics are discussed in this chapter, such as the theoretical studies and general rules on how to solve the conflict of JICP, the analysis on how the conflict of JICP is formed and exists, etc.The fifth chapter is the last one. It focuses on the research on legislation of jurisdiction of international civil procedure in China, specially in the Mainland, Hong Kong, Macao and Tai Wan. Concrete introductions of the four regions are given from the prospects of the foundation of JICP and the conflict of JICP. Finally, some suggestions on how to improve the legal system of the mainland are also given in this chapter.In conclusion, the JICP is an very important issue and is related to many aspects such as the overseas admit and implementation of the judgment, the legal choice in international private law, the solution of international civil dispute, the commencement of international civil procedure. Furthermore, the JICP is closely related to the national sovereignty, therefore, it result in the conflict and fight for the jurisdiction of international civil procedure. To solve all these problems depend on the common efforts of the international community...