China's Interregional Jurisdiction Problems In Civil And Commercial Judgment Acknowledged

The recognition and enforcement of civil and commercial judgementoccurring between different legal unit have always been attractive issue in theresearch of international private law. Among those questions, the examination on thejurisdiction power constitutes as a significant factor that whether a judgement shouldbe recognized or enforced by a court other than the one made such judgement. Chinais a country of unitary political system with multiple legal units, thus the conflict ofjurisdiction rules and examination of such power could be very common in thepractice. However,a concrete jurisdiction rule between different legal units has neverbeen seen no matter in the "Arrangements", the legal documents used to harmonizethe legal practice issues between mainland and Hongkong, Marcau or Taiwan; nor hasit been seen in any other legal documents issued by mainland China. The absence ofsuch regulation has become the major obstacle of normal contacts on civil andcommercial matters between different legal units in China.On the other hand, several existence of international conventions on theharmonization of civil and commercial jurisdiction had came into reality for the lastdecades. The Convention on Jurisdiction and the Enforcement of Judgements in Civiland Commercial Matters of Brussels signed by member states of EEC, inheriting thesprite established by Treaty of Rome, had helped to achieve the free movement ofcivil and commercial jugement among those member states. Its contains theunprecedented "Black List"&"White List" stipulation that enlisted the jurisdictionregulations of the member states’ domestic civil law, which made the convention themost strict jurisdiction-centralizing convention in history. Meanwhile, the conventionthat drafted under the leading of Hague International Private Law Committee decidedto limit the jurisdiction rules only on matters of exclusive choice of court agreementsconcluded in civil or commercial matters, which eliminated the conflict betweensigning parties at the most extend. Since China has already participated in the draftingprocess of recent Hague Conventions, and the valueble experience has been made intopractice in the "Arrangement between mainland Hong Kong on the recognition andenforement of civil and commercial judgements"; one may assume that suchexperience can also be apllied in matters concerning jurisdiction regulations. The is article is divided into three parts:The first part is going to give a introduction on the jurisdiction conflict amongdifferent legal units in China.It starts with the concept and basic catagorization of theconflicts, adding with brief disciption of conflict of jurisdiction rules in China,follwed by the possible reasons that could cause the conflicts.The second part gives a analystic introduction on the current concerninginternational conventions, particularly on the different modes they use and the prosand cons of such modes.The last part of the article goes back to the China’s issues and focus on findingout a feasibel solution to such problem.