A Study Of The Harmonization Of International Civil Litigation Jurisdiction

The first part is the general theory of the harmonization of International civil litigation jurisdiction, mainly discussing three questions: the first is the international civil litigation jurisdiction and the harmonization of International civil litigation jurisdiction; the second is the necessity of the harmonization of International civil litigation jurisdiction; The third is the possibility of the harmonization of International civil litigation jurisdiction.The second part is the embodiment of the harmonization of International civil litigation jurisdiction. This section discusses from two aspects. The first is the assimilation of all domestic law. The reason of assimilation of all domestics, on the one hand, is mutual references between countries, on the other hand is the international convention translating into the national law; the second is the development of the harmonization of International civil litigation jurisdiction. International organizations has played a very important role in the forming process of international convention. This section analyzed the efforts of the Hague international private law conference, UNIDROIT, the European Union (EU) and the organization of American states and other major international organizations in the process of harmonization of International civil litigation jurisdictionThe third part is the legislative model of the harmonization of regional civil litigation jurisdiction the Brussels convention system. This part introduces the Brussels convention system development in detail. And also make a summary about the development trend of the convention system. This part mainly discuss four questions, the first section simply narrated the general structure of system of the convention. The second section discusses the evolution from Brussels convention to Brussels rules. The third quarter then discusses the change from the Brussels rulesâ…¡to Brussels rulesâ…¡a. The fourth quarter is a summary on the whole evolution of the Brussels convention system, and makes a discussion evolution in detail. Finally, is the summary of the evolution of the Brussels convention system : Adjustment field is further developed, effectiveness is more direct and connections diverse is more flexible.The fourth part is the latest achievements of the harmonization of International civil litigation jurisdiction Convention on Choice of Court Agreements .This part discusses is divided into three parts. The first quarter introduce the main content of this convention. The second quarter discuss the relationship between Convention on Choice of Court Agreements and the harmonization of International civil litigation jurisdiction ,through discussing the value of this convention and the relationship between this convention and the Brussels convention system. In the third quarter, the author analysis two path of the harmonization of International civil litigation jurisdiction based on the comparison of the above two convention: one kind is the regional international organization path, another kind is universal international organizations path.In the fifth part, the author discusses the measures of China in the trend of the harmonization of International civil litigation jurisdiction. This part discusses from two aspects. In my opinion, in the background of the harmonization of International civil litigation jurisdiction, we should strengthen the relevant theoretical study, and also should actively participate in the negotiation and formulate relevant treaty. At the same time ,Our country lawmaking should take some international principles of the international jurisdiction has been received by almost countries, in order to Conforming to the trend of the era development , solving international civil disputes more efficiently and safeguarding the lawful rights and interests of parties.