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Research Of Jurisdiction In Concern Foreign Civil Case Resume

Posted on:2005-04-17Degree:MasterType:Thesis
Country:ChinaCandidate:Z H AiFull Text:PDF
GTID:2166360182967782Subject:Law
Abstract/Summary:PDF Full Text Request
Assuredness of jurisdiction, which is related to country's sovereignty, is an important question in civil case involving foreign elements. For preserving state power, each country has its individual legislation and practice. As a necessary condition for the court of a state to accept a concern foreign civil suit, jurisdiction is not just bound up with the choice of applicable law but with the recognition and execution to a foreign judgment. Up to now, there were even not any detailed rules about jurisdiction in international law.The article is consisted of four chapters, about 48,000 words in total. In the first chapter, the writer discourses on the conception of the concern foreign civil litigation, the character and the sorts of the concern foreign civil case and the jurisdictional conflict in concern foreign civil case. After expounding the ordinary rules on assuredness of jurisdiction in concern foreign civil cases, in the second chapter, the writer introduces both the legislation and practice in several mainly countries and the influential international treaties related to jurisdiction to us. Lastly, the discussion focused on legislation and practice of jurisdiction in our country law system. In the third chapter, the writer analyses the cause of the conflict on international jurisdiction and offer some resolvable suggestion. In the fourth chapter, the writer raise up some legislative proposal to develop the concern foreign jurisdiction in our legal system. As the target and emphasis of the article, the last chapter makes a detailed research on our law-making deficiency. Finally, many reform suggestions, which were established on the modern condition of our regional law system, are put forward to reconstruct the jurisdictional legislation.
Keywords/Search Tags:Jurisdiction, civil litigation, concern foreign civil case, research
PDF Full Text Request
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