| The civil exclusive jurisdiction is the jurisdiction stipulated according to international treaty or the domestic law. In some especial concerning foreign affairs civil case, jurisdiction can only be used monopoly and exclusively by the domestic court, and does not admit the judgment at the case from any other country's court.Along with the development of whole world economic integration, civil and economical association is become more and more among country. The conflict of international civil law jurisdiction can hardly be avoided. Specially after China joined in WTO, well understanding civil law exclusive jurisdiction between country can avoiding or preventing the conflict of international civil law jurisdiction, and building new good international economical and civil order, and guaranteeing the interest of the associated people, and is good for china melted into the internationalize society regulation. Thesis is composed of four chapters.Chapter I : The author gives an introduction to the meaning and characteristic to civil law exclusive jurisdiction, explains the exclusiveness and the compulsion to civil law exclusive jurisdiction. The exclusiveness means right of judgement is enjoyed by home only. The compulsion means the power is being forced with the nation.Chapter II: The author has summarized the scope of civil law exclusive jurisdiction, and includes the various major constitutional law reaches the relation about the regulation to civil law exclusive jurisdiction and introduce the concerned regulation of international treaty. Continent law system nation usually regard nation leasing, artificial person's bankruptcy and involving registered in the interiorcountry affairs and the social status of interior country concerning foreign civil case as the scope of the exclusive jurisdiction. The system of Britain nation is approached to the protocol that party can select court of justice. On the contrary, they don't have too many to the regulation to exclusive judgement.Chapter III: The coordination of civil law exclusive jurisdiction has been discussed. The exclusive jurisdiction conflict is refer to two or more than two country insist that their court, and does not admit the court of justice of other nation jurisdiction to these cases. The reason for confliction is because each sovereignty's law stipulates is distinction from others. And cases about civil law exclusive jurisdiction is oftenly concerned sovereign rights and the important interest with this country, so the case of conflict certainly exists the sovereign rights and dignity problem of nations. Coordinating the exclusive jurisdiction chiefly should follow effective principle and comity of nations principle. In order to avoiding the international conflict, one country must follow some basically restrictions of international common law, and establish the exclusive jurisdiction reasonably and the legality, so that can gets certification from international community.Coordination for the exclusive jurisdiction in the network world is also a topic been discussed in this article. Along with the popularization of network and constantly increasing network commerce activity, the chance that people used the network has violent increased, and the civil law connected with the network causes is also a problem that the international community universally is concerned about gradually. Owning to the network has the characteristic of transnational nature and globality, it has very big difference to the traditional civil law exclusive jurisdiction. The characteristic that thenetwork owns bring a big impact to the adjustment rule of traditional civil law jurisdiction. So the coordination to civil law exclusive jurisdiction conflict is a new issue and is worth to be discussed. The author point out three kinds of solving methods, and hope expert give some comment about these.Chapter IV : The author focuses on our country's exclusive jurisdiction legislation and commenting. The regulation about the civil law exclusive jurisdiction of our countr... |
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