Study On Issues Relating To Cross-border Insolvency Jurisdiction

The structure of this article consists of three parts as follows:preface,main body and conclusion.Through brief introduction of the international economic tendency nowadays,the preface points out that cross-border insolvency has drawn wide range of attention of the international society,but legislation in our country can not satisfy the reality, which is the reason why the author chooses this topic----try to do something for the perfection of our legislation on cross-border insolvency.The main body contains the following four chapters:Chapter 1 introduces some basic issues on cross-border insolvency,such as the definition,the history and the development situation of cross-border insolvency.On the base of introduction of several domestic and international definitions for cross-border insolvency,this article definites the exact meaning of cross-border insolvency.The author offers academic support for deeper discussion of the next chapters through the introduction of the history and developing situation nowadays of cross-border insolvency.Chapter 2 is about the jurisdictional conflicts in cross-border insolvency,and analyzes the causes of them.This chapter describes cross-border insolvency jurisdiction primarily,then it introduces different standards for cross-border insolvency jurisdiction and penetrates deeply the causes of jurisdictional conflicts in cross-border insolvency.Chapter 3 emphasizes discussion of the solution to the jurisdictional conflicts in cross-border insolvency.This chapter briefly illustrates the dissolving methods of conflicts in foreign commercial and civil jurisdiction firstly,based on which the author suggests several means of solving jurisdictional conflicts in cross-border insolvency as follow:international comity and coorperation,judicial abstention to jurisdiction of every country,direct negotiation of every case to solve jurisdictional conflicts in cross-border insolvency,then the author makes comments on all the solutions above.Chapter 4 is about the domestic legislative and judicial situation dealing with jurisdictional conflicts in cross-border insolvency and some legislative suggestions. After analyzing the current status of Chinese insolvency laws and judicial practice,the author gives some suggestions on refining Chinese relevant legislation and resolving jurisdictional conflicts in cross-border insolvency.The conclusion sums up the viewpoint of this article.Conflicts in fundamental interests determine the inevitability of the jurisdictional conflicts in cross-border insolvency.We should focuse on coorperation with other countries on the base of learning and absorbing international advanced experience to refine our insolvency legislation.