Intrinsic Motivation Of The International Civil And Commercial Litigation System Conflicts And Coordination

The quantity of international civil and commercial litigations (ICCLs) keeps increasing these years because there are more and more international civil and commercial activities during the course of globalization. It is an important problem to deal with the civil and commercial litigations with foreign elements in order to improve the development of international commercial activities. But there were many "bugs" in traditional ICCL systems because of the influence of traditional theories of legislation and judicature. At the same time a great deal of conflicts and contradictions exits among different ICCL systems because they are made by independent legislation powers of different countries. It is because of that that under some circumstances one ICCL case may get different verdicts and there even will be some opposite ones. This situation also results in the phenomenon that a verdict made by a court of one country would not be recognized and carried out in other countries. These conflicts essentially result from the conflicts of the interests of different countries.The widespread international civil and commercial contacts keep promoting the globalization of all aspects of social lives. It also makes people pay more attention to the combination of global interests. To ensure the maximum of global interests, all countries must give up some national interests. Though it is only a ideal for us, it makes the unification trend of private international law by the means of conventions, agreements and so on. It is in this background the requirement for the harmonization and unification of ICCLs of different countries.The discussion over the reason of the conflict and harmonization of ICCLs already existed and different theories has been established. To find the real reason of the conflict and harmonization of ICCLs, this article begins with analyzing those theories to show the contributions they have made as well as their defects. In its forth part this article points out that the internal cause of the conflict and harmonization of ICCLs is the games of interests. That is to say, all the selection of policies and the decisions of systems concerning international civil and commercial contacts are made after the measurement of different interests. The harmonization of ICCLs comes into being after the games accordingly. It alsopoints out that in the practice when there are different kinds of interests are involved in a game national interests is more powerful than personal ones. Similarly speaking, if there are different interests in national level political interests will surpass economic interests in affecting the policies and the systems. This is the reason the conflict among different ICCLs cannot be eliminated completely.At the last part of this article it points but that the future of ICCL system could only be a unity of contradiction and harmonization. Together with the improvement surely there will be some new problems. So we can say that the unification of private international law must be based on diversity and conflict.