The Study On The Solutions Of The Conflicts Of International Civil And Commercial Procedure Jurisdiction

Nowadays, with the influence of globalization, the commodity、service、capital and technology are exchanging more and more frequently worldwide, while the mutual dependence on global economy has reached to a higher stage. Even though human society’s main pursuing direction is development and communication, contradiction and conflict are flooding in every aspect. Regarding to international civil and commercial jurisdiction, the conflict of jurisdiction has gained an increasing attention. Jurisdiction is the key issue in international civil procedure, it relates to the commencement of the procedural process, the choice and adaption of the substantive law, it is crucial to the overseas admit and implementation of the judgment, it has an impact on the protection of litigants’ legitimate rights and interests.On one hand, each country is expanding its own jurisdiction, trying to practice jurisdiction when a lawsuit occurred. On the other hand, for improving international communication and corporation smoothly, we have to make rules and conventions accepted and admitted worldwide, which makes it possible to coordinate international civil and commercial jurisdiction. The thesis is divided into 6 chapters. The first and sixth chapter is an introduction and conclusion respectively. The second chapter is international civil and commercial jurisdiction; the major issues that discussed in this chapter are the followings: The definition of international civil and commercial case. The classification ﹑ significance and basis of the jurisdiction. The confirmation of the jurisdiction—such as personal jurisdiction﹑territorial jurisdiction﹑exclusive jurisdiction﹑ agreement jurisdiction and so on. The third chapter is the definition and essence of international civil and commercial jurisdiction conflicts, the three reasons lead to conflicts, the two forms of conflicts. The fourth chapter discusses the main principals applied to solve international civil and commercial jurisdiction conflicts, such as international comity ﹑the doctrine of the most significant relationship ﹑ forum non-convenience. The fifth chapter focuses on the suggestions on legislation of jurisdiction of international civil procedure in China.