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The Principles And Rules Of Transnational Civil Procedure In Comparative Perspective

Posted on:2009-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:Y S FuFull Text:PDF
GTID:2166360272989852Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In the movement of harmonization or unification of transnational civil procedure law, "Principles and Rules of Transnational Civil Procedure", a joint project held by the American Law Institute (ALI) and the International Institute for the Unification of Private Law (UNIDROIT) has achieved success to some degree. The objective of the project is to offer a fair procedure to all parties to reduce the uncertainty resulting from litigation in unfamiliar surroundings and thereby facilitate the expansion of transnational commerce. Since few scholars in our country focused on the research of the project, this thesis, based on the research on the background and accomplishment of the project, will analyze the obstacles that the project might encounter and the likelihood of success of the project, then illustrate the revelation and significance of the project. Besides the foreword and conclusion, this thesis is mainly composed of four chapters.The first chapter gives an introduction on the history of the movement of harmonization or unification of civil procedure law and the background of the project. Then the author analyzes the fundamentals of the movement. At the last part of this chapter, the author expounds the approaches of movement and relevant effect. The main purpose of this chapter is to nail down that the movement of harmonization or unification of civil procedure law in this thesis aims at the transnational system of civil procedure, instead of the domestic one.In the second chapter, the author introduces the project of "Principles and Rules of Transnational Civil Procedure", including the start of the project, the basic clauses of the project, the way of research and its characteristics. Then the author analyzes some controversial clauses in this project in the perspective of comparative law. The purpose of this chapter is to make a clear and comprehensive understanding of the project and lay a foundation for the analysis of obstacles that the project might encounter and the likelihood of success of the project in the following chapter.The third chapter analyzes the obstacles of the project, such as the shortcoming of the project, the problems in applying the Principles and Rules, and the arbitral influence on the project.The fourth chapter analyzes the likelihood of success of the project, and the revelation and significance of the project. At first, the author estimates the likelihood of success of the project, then analyzes the possibility of implement the project in particular jurisdiction such as Australia, China etc. Finally, the author analyzes the revelation and significance of the project, and the other approaches to achieve the objective of the project.
Keywords/Search Tags:Transnational procedure, Principle and Rules, Comparative Law
PDF Full Text Request
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