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Coordination Of Jurisdictional Conflicts

Posted on:2004-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:H H ZuoFull Text:PDF
GTID:2206360122470100Subject:Law
Abstract/Summary:PDF Full Text Request
The conf lict of jurisdiction concerning foreign civil action means that the courts in two or more areas or countries all claim or eliminate or reject jurisdiction in allusion to the same civil action concerned Foreign.The legal reason of the conflict of jurisdiction as below: firstly, the dlstinctness under countries lawmaking system those special regulations to the jurisdiction among countries in different law system or different countries in the similar law system are not too similar. And the courts related countries will decide frequently to hold or not such as jurisdiction under this case based on related regulations to jurisdiction of it's? Domestic law concerned foreign civil actions once the case to foreign civil action happened, and after then it must be made the clash of jurisdiction of foreign civil action among countries. Secondly, regard ing to the stipulat ion of parallel jurisdiction in countries that when the country claim to hold the jurisdiction of foreign civil action in allusion to some kind of cases, and at the same time, it is not to deny the jurisdictions held by the courts of foreign Countries, and so that must be made the clash of jurisdiction of foreign civil action among countries too.The birth of conflict of jurisdiction concerning foreign civil action wi I I be inevitable, but the harmony of the conf I ict will be necessary, and otherwise the civil action concerned foreign will be not process well, and then it will be effect international intercourse. For the sake of harmony of the clash of such jurisdiction more efficacious, and some countries or mass countr i es i n the wor I d a I I are wi I I i ng to covenant some mu It i or bilateral agreements to stipulate together the jurisdiction of civil action concerned foreign, and some countries amend itself domestic law according to some multi or bilateral agreements stipulated too, and the aims will be at harmony, but whether or not, every country will consider it based on ownnational benefits, that is principle of ?the benefits is more power than solemn law, between the conflict of benefits and law principles, and the benefits will be always firstly?But we can't injure others in order to protect owner interest, and damage other countries in order to save oneself national benefits, we need comply with recognit ion international law rules to buck for own Legal benefits. And otherwise, it will be narrow sense self-interest or hegemonies.The text through analysis of the reason, expressive format and its? essence of the conflict of jurisdiction of civil action concerned foreign, and combined our 1 awmaking actual ity about the conflict of Jurisdiction of civil action concerned foreign and the achievements of law field in china, and consulted to some countries? And some international statutes?? reasonable operation in the world, and kept to the principle voted by international law, and raised own reasonable suggestion ofLaw making in order to build on and perfect the law about the conflict of jurisdiction of civi I action concerned foreign.
Keywords/Search Tags:jurisdiction conflict, harmony civil, action, concerned foreign
PDF Full Text Request
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