Study On The Positive Conflicts Of International Civil And Commercial Jurisdiction Suits

International civil and commercial jurisdiction means court have the right to exercise judicial authority about special international civil and commercial suits according to international treaty that we concluded and our country's laws. Exercising international civil and commercial jurisdiction has a bearing on national sovereignty and national interests and safeguarding the party's interests. But all countries' interests are different ,so until now, there are not consensus on the system of international civil and commercial jurisdiction in international society. It's impossible to avoid the problem that many countries' court advocate jurisdiction to the same international civil and commercial suits. That phenomena is called the positive conflicts of international civil and commercial jurisdiction that every country and international organization try to solve until now. It has become central and key problem of the conflicts of international civil and commercial jurisdiction. Our civil procedure act make rules about international civil and commercial jurisdiction, but it doesn't give us clear regulations about how to solve the positive conflicts. The paper first analyze the reasons of international civil and commercial jurisdiction and points out some problem lying in our legislation system, finally , it tries to put forward some suggestions for the legislation and judicial practice of China .The paper consists of five parts, respect to coordinating international civil jurisdiction conflicts.Part One tries to have an analysis on the types of international civil jurisdiction conflicts. International civil jurisdiction conflicts are divided into positive and negative conflicts, the paper confines its research on positive conflicts of international civil jurisdictions. When disputants bring the same disputes to two or more courts of different countries, which all have legitimate jurisdiction on disputes and accept their complaints, international civil jurisdiction conflict appears inevitably.In Part two, there are two causes of international civil jurisdiction conflict, objective cause and subjective cause. The fact that usually more than two countries are involved into the international civil and commercial disputes and the jurisdiction bases in each country vary a lot; while the intention held by disputants and the court of jurisdiction constitutes the subjective cause of international civil jurisdiction conflict.The main subject of Part three is the three aftermaths of international civil jurisdiction conflict: influencing judicial assistance between nations; influencing the execution of court judgments; and eventually influencing the realization of disputants' substantive rights. In Part Four, the paper probes into several main coordinating mechanisms of international civil jurisdiction conflicts, which include international convention, national legislation, forum non convenience jurisdiction of agreed terms, and arbitration. Moreover, it also analyzes the coordination mechanism of civil jurisdiction conflicts relating to Internet.The final part of this paper digs into the legal rules of China if respect to the coordination of international civil jurisdiction conflicts, the defects of existing mechanism and suggestions for the improvement of coordination mechanism of China in respect to international civil jurisdiction conflicts.