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Research On Settling Mechanism To Chinese Interregional Parallel Proceedings

Posted on:2008-03-21Degree:MasterType:Thesis
Country:ChinaCandidate:L M ZhouFull Text:PDF
GTID:2166360215491393Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Under the guidance of the policy of "one country, two systems" and Hong Kong and Macau's smooth return to mainland, there arose the interregional law conflicts among Mainland, Hong Kong and Macau region. The interregional law conflicts between the mainland and Taiwan province appears relatively complicated, the cross-strait relation was in state of hostility before 1980s, denying the effect of the law of the other party with each other, the folk relations of the cross-straits was in a state of stagnancy, so the law conflicts in fact is nonexistent. Along with quick development of the relationship of cross-straits and the frequent association of economy and trade, although the two straits haven't reunited, they both realized the objectivity of the interregional law conflicts. Due to the change of political position of Hong Kong and Macau, the relationship between The Taiwan Straits and Hong Kong,Macau was defined as the interregional law relationships, the law conflicts out of this rule differs from cases concerning foreign affairs. It is predictable that in the near future, the Taiwan Straits will return to the motherland, the policy of "one country, two systems" will be applied after unification. The multi-scopes of "one country, two systems, three legal systems and four law districts" will be formed, the special structure of "one country, two systems, three legal systems and four law districts" brings forward the complicated conflicts. In relation to the increasing frequency of civil business matters among four regions of the two straits, the clashes of jurisdiction of this field among regions give prominence and provide possibility to the formation of the interregional parallel proceedings. The author commences with the conception and characteristics of interregional parallel proceedings, on the basis of investigating of legislation and judicial practice of this field, put forwards the proposals regarding case system to settle the interregional parallel proceedings of China.
Keywords/Search Tags:Interregional parallel proceedings, forum non convenience doctrine, lis alibi pendens, antisuit injunction, case system
PDF Full Text Request
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