Research On Court Abandon Jurisdiction In Private International Law

Court jurisdiction is the foundation of the court to exercise judicial power and the first problem in the international civil and commercial disputes. With the development of the international economy, civil and commercial contacts are more frequently, the civil and commercial conflicts become more and more. In order to protect domestic and national interests, countries enlarge their domestic court jurisdiction on international civil and commercial disputes. Then, it will appear that countries strive for the cases'jurisdiction. It not only to be able to enable the dispute to obtain a reasonable solution, instead of, it will form that court try the case on their own mind. The parallel proceedings will product. The parallel proceedings will make the same case forming several adjudications and cannot get a reasonable execution. It will make the cases returned to nonsense and result in enormous burden to parties and the court. In order to alleviate this kind of aspect, various countries are seeking the methods to solve the international jurisdiction conflicts positively. Considering the complexity of the jurisdiction and involving the countries'judicial sovereignty, achieving the common rule on international jurisdiction doesn't have the possibility at present. Various countries can only through domestic law, sign treaty, coordinating and reciprocal benefit to reduce the international jurisdiction conflict. When facing the international civil and commercial cases, court gives up partial cases'jurisdiction appears especially important. It also provides a new feasible method and mentality for later international and the domestic jurisdiction rule. It also has the vital practical significance to this question's research.The article is totally divided into five parts:The first part mainly explains and limits the concept of abandon jurisdiction. This part embarks from the international civil jurisdiction's analysis, through it to explain the concept of the abandon jurisdiction.The second part mainly analysis and elaborate the forum non convenience doctrine through the comparison method. This part analyzes some procedures of common-law system, clear off the forum non convenience doctrine system and compares various countries'principle. Then later part analyzes why civil-law system counties do not to use the forum non convenience doctrine and the procedure to substitute the forum non convenience doctrine at the similar situation. The third part mainly elaborates the abandon jurisdiction rule of the parallel proceedings. This part analyzes and resolves some questions of parallel proceedings from the forum non convenience doctrine, forbid lawsuit rule of common-law system counties and the accept prior principle in EU convention, sentence acknowledgement and execution rule of civil-law system counties.The fourth part mainly elaborates that the autonomy will of the parties give the influence on the abandon jurisdiction. This part mainly analyzes the effect on the aspect of court abandon jurisdiction and carries on the related analysis through the agreement jurisdiction and arbitration and elaboration to various counties in some common rule of the agreement jurisdiction and arbitration.The fifth part mainly elaborates the abandon jurisdiction rule give the influence to our country. This part analyzes the existence questions of our country from the angle of forum non convenience doctrine, parallel proceeding, agreement jurisdiction and the arbitration. The later part gives some proposals to our country's jurisdiction system in the international civil and commercial cases.