On The Long Arm Jurisdiction In The United States Civil Procedure

Jurisdiction of international civil procedure is an very important issue and is related to many aspects such as the overseas admit and implementation of the judgment, the legal choice in international private law, the solution of international civil dispute, the commencement of international civil procedure. Furthermore, jurisdiction of international civil procedure is closely related to the national sovereignty, therefore, it result in the conflict and fight for the jurisdiction of international civil procedure. To solve all these problems depend on the common efforts of the international community.Under the kind of background, long arm jurisdiction received attentions. In domestic works, introduction of that was generally simply, and new articles mainly commented on long arm jurisdiction about the internet cases, but very few about the American judicature system and the operating process. Because of the lack of the understanding of long arm jurisdiction, many scholars thought simply it was the product which American expanded jurisdiction, and neglected the development it made to American jurisdiction.On the base of analysis of some kinds of cases which long arm jurisdiction was applied, such as contract, tort, doing business, property, family relations, internet and so on, the article concluded a more reasonable attitude to long arm jurisdiction.On the one hand, in the process of long arm jurisdiction developing, it improved the test of minimum contacts, continuous and systematic contacts and many other principles could be modeled by our own international civil procedure. On the other hand, the system itself exists many loopholes. In the process long arm jurisdiction used, the discretion of judge was too broad, which caused application Of long arm jurisdiction Confused, and also even encroached the sovereignty of some other countries.This thesis was divided into five parts and has more than 30 thousand words.In the first part, it mainly introduced the theory bases of long arm jurisdiction. It included the background and the history of the long arm jurisdiction, and introduced different views of American and Chinese scholar to long arm jurisdiction. In the second part, the pattern of long arm jurisdiction application in each state and federation was dissertated in respect to long arm jurisdiction. Furthermore, the method of analyzing law and fact was defined when the state court and federal court judge if long arm jurisdiction was applied to the case. In the third part, some important kinds of cases which long arm jurisdiction applied were discussed separately. In the fourth part. it analyzed some conditions which limited long arm jurisdiction such as the doctrine of forum non conveniences, tried to change the attitude that denied constantly to it in the past, and analyzed the influence long arm jurisdiction to the civil action jurisdiction from positive and negative aspects. The last part provided some reasonable suggestions for perfecting our related law, through the analysis to articles of over jurisdiction tend in our country.