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The Research On International Civil And Commercial Jurisdiction And It's Perfection In China

Posted on:2007-08-14Degree:MasterType:Thesis
Country:ChinaCandidate:J ZhangFull Text:PDF
GTID:2166360182477560Subject:International Law
Abstract/Summary:PDF Full Text Request
With the globalization of the world economy, the dispute about international civil and commercial matters keep rising and become more and more complicated, the lawsuit of international civil and commercial matters is being used increasingly, the jurisdiction of international civil action has also attracted more attentions. There are still some problems in Chinese law. This thesis tries to provide some suggestions.The first part introduces the meanings and category about international civil and commercial actions.The Second part introduce the general basis of several kinds of jurisdictions such as nationality jurisdiction ,territorial jurisdiction , agreement jurisdiction , exclusive jurisdiction, which are commonly used in the international issues, and the theory of forum non convenience doctrine and lis alibi pendens doctrine which are very popular internationally.The third chapter which states the cause and the settlement of the conflict about the civil action is the most important part of this thesis. This part discusses the cause of the jurisdiction conflict in international civil and commercial action, as well as the form of the conflict such as parallel suit, non suit in detail, and introduces the principles to solve the conflict theoretically, such as the intimate connection principle , party autonomy principle , international harmony principle, as well as several settlements which are commonly used in judicature practice around the world, such as such as forum non convenience doctrine and lis alibi pendens doctrine.In the last part, the writer works over the current legislation status of China International civil jurisdiction, introduces several main jurisdiction principles of our country, particularly analyses the legislation shortages in parallel suit, agreement jurisdiction, exclusive jurisdiction, and bring forward several suggestions with the hope that they can be helpful to make the legislation more perfect in this field.
Keywords/Search Tags:International Civil and Commercial Case, Jurisdiction, Ascertain Thereunder of Jurisdiction, Legislation Propose
PDF Full Text Request
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