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A Probe Into The Coordinating Mechanism Of International Civil And Commercial Parallel Action

Posted on:2016-04-02Degree:MasterType:Thesis
Country:ChinaCandidate:J W RenFull Text:PDF
GTID:2176330461485675Subject:Private international law
Abstract/Summary:PDF Full Text Request
With the further deepening development of politic and econ 哦 mic globalization,the international civil and commercial exchanges become more and more frequently, which touch off friction is also increasing and diversification.To resolve this friction, general methods of internationally mainly include international civil litigation, international, commercial arbitration and international commercial conciliation. As we are most familiar with international civil litigation, international civil and commercial parties preferred this mean to deal with problem. But the legislation system of differ in thousands ways, lack of unified conflict law norms, Existing conflict law norms of some countries offer the parties of international civil and commercial skimble-scamble selection criteria, especially the further development of "party autonomy principle", make the parties have more choice. More and more country in order to maintain their sovereignty, and constantly expand jurisdiction through legislation, as well as the nature of the parties pursue interests, the same fact parties to file a lawsuit jurisdiction of different countries.Which situation is inevitable.how to coordinate the parallel proceedings, safeguard state sovereignty and to solve the international civil and commercial disputes to protect the interests of both parties, both the civil law countries and common law have no-unified corresponding international domestic legislation to make clear a regulation, only in the judicial practice in the process of the principle of doing some constraints,now, international till lack of unified treaties and other unified constraint mechanism. This paper is on the basis of formerly scholars’ findings. It’s purpose is to explore a suitable regulation model for our country.
Keywords/Search Tags:International civil and commercial parallel proceeding, Doctrine of forum non conventions, First-sized court approach
PDF Full Text Request
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