A Study On The Interregional Conflicts In Civil And Commercial Jurisdiction Of China

China's interregional legal relation first appeared with the practice of the great conception---"One nation, Two system". The special "one nation, two system, three law families" phenomena had brought about complicated forms of conflicts, especially in the field of civil and commercial jurisdiction. In order to hamonized the conflict of interregional jurisdiction, change the actuality of the lagging and confused system, put the interregional jurisdiction on right course with the guarantee of rules and institutions upon the basis of cooradination seems to be a pressing matter of the moment.This thesis contains five chaptersStarted with the definition of the scope of law, the signification and speciality of China interregional conflict of law, also the relationship between constitution and interregional conflict of law are introduced in chaper one. The former part decides the basic point of the settlement, and the later one may be a new point of view for this topic.Served as a theory basis, the meaning of the interregional jurisdiction, including direct jurisdiction and indirect jurisdiction is made in chaper two. Then, the reasons of the two interregional conflicts of jurisdiction, the sense of their settlement are founded on the comparative studying on each rules about jurisdiction in four scope of law in China.Using other countries' perfect practical ways and the current development in PIL, which are multiple regions of law,_ particular Canada and EU, dealing with the interregional conflict of law for reference, how to dispose the interregional conflict in direct jurisdiction is discussed in chapter three. The topic is mainly related to the content of the interregional agreement, consisting with the significance of the article 19 in 《The Foundamental Law of Special administrative region》;basic principles;the rules for regulating the "parallel proceedings";the unity of jurisdiction rules in some special fields;the forbidden rules of jurisdiction;avoidance of passive jurisdiction and the application sequence among those parts above.According to the comparative study on the advantages and disadvantages of theexamination ceriterion on indirect jurisdiction in different countries, and the analysis of the conception—"the most full trust" in USA and Canadian legal system, such matters hereinafter are probed into in chapter four: examination standard of the indirect jurisdiction during recognition and enforcement of judgement from other scope of law in China;connotation of the "assistance" in interregional judicial aid;the application of ordue public principle and the exclusive jurisdiction and so on.Learing from the ((Hague Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters)) in 1999 and ^Hague Convention on Choice of Court Agreement)) in 2005, the excellent form, conception and rules which used in it will serve as great source of inspiration for China, and the suggestions are made in chapter five, that we should attach importance to the interregional conflict of indirect jurisdiction, take the two kinds of conflicts into consideration together and then come into a interregional jurisdiction agreement to make sure that the resolvents in different conflicts are regarded as an organic whole, answering the purpose effectively and efficiently.