On The Research Of International Civil Jurisdiction In Relation To Liability Of Parent Company Of MNC In Host Country

Economic globalization has swept all over the world since the 1990s in company with the revolution of IT and internet. As significant participant of economic globalization, Multinational Corporations ("MNC") take amazing effect on global economic development and technical innovation. Global strategy and internal relationship are basic characteristics of MNCs. Subsidiaries are brought into the global strategy of MNC since their establishment and their decision-making and operation are controlled by parent company. When incurring huge legal liability in host country, MNCs usually attribute the legal liability to the subsidiaries and make the subsidiaries as their"shield"to obstruct the transfer of liability. However, host country's legislation of jurisdiction is weak and court of host country usually cannot have the jurisdiction over parent company of MNC. Simultaneously, high cost of transnational litigation and refusal by court of parent country prevent plaintiff of host country from claiming before court of parent country. Therefore, the precondition to realizing the liability of MNCs is that court of host county can have civil jurisdiction over parent company of MNCs.However, the weakness and absence of legislation of civil jurisdiction in developing counties, including China, make the court of which fail to obtain the civil jurisdiction over the parent company of MNCs and cause the plaintiff of host company has no access to suit against MNCs. Whereas, this article focuses on the topic of civil jurisdiction system in relation to the liability of parent company of MNCs.This article has about 35,000 words in total and is divided into four sections. In Section I"Introduction", author initially introduces the definitions and basic characteristics of MNC and its parent and subsidiary company, and expatiates the concept of"liability of parent company of MNC in host country", then briefly analyzes the connection between the"liability of parent company of MNC in host country"and international civil jurisdiction system.Section II introduces the specific international civil jurisdiction system in related to the liability of parent company of MNC in host country, divides the specific system into traditional and modern types and further analyzes their application to and effect on the liability of parent company of MNC in host country.Section III,"International legislation in connection with civil jurisdiction system in related to the liability of parent company of MNC", introduces relevant provisions of international conventions and other international documents, including Brussels Convention, relevant Hague conventions and Principles and Rules of Transnational Civil Procedure, and analyzes their effect on the liability of parent company of MNC.In Section IV,"Suggestion to China's Legislation of Civil Jurisdiction in related to MNC litigation", introduces China's foreign civil jurisdiction system in related to MNC litigation and specifically provides legal advice to improve international civil jurisdiction system of MNC litigation.