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Study On The Conflict And Coordination Of Jurisdiction In Maritime Cross-Corder Insolvency

Posted on:2017-10-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y GouFull Text:PDF
Abstract/Summary:PDF Full Text Request
The determination of jurisdiction is the fundamental and prerequisite condition to settle other issues raising in cases of maritime cross-border insolvency.As it's significant for both judicial sovereignty and the trial of cases of maritime cross-border insolvency,and involves the intersection with special maritime procedure,the jurisdiction conflicts still exist extensively.However,there is no uniform international conventions concerning on maritime cross-border insolvency in the international community so far,and as the only international guideline,the<Model Law>has no compulsory constraining force.Besides,while referring and absorbing the<Model Law>,few countries take adequate considerations of the development of international maritime law.As a result,the contradiction between maritime legal system and bankruptcy legal system still exist,while the jurisdiction conflict of maritime cross-border insolvency is also obvious.This thesis mainly discuss the jurisdiction conflict of maritime cross-border insolvency,aiming at providing significant theoretical foundation for the issue of determining the jurisdiction of cases of maritime cross-border insolvency in China,and explicating the way to establish a legal system of maritime cross-border insolvency not only acting on international convention but also catering to the basic national conditions of China.The thesis is divided into three parts,namely,introduction,main body and conclusion.The main body consists of four chapters.The first chapter mainly define the concept of maritime cross-border insolvency,and elucidate the cause of jurisdiction conflict in this field.The second chapter depicts the theoretical basis and influential factors in the determination of jurisdiction in maritime cross-border insolvency.The third chapter discusses the expression of jurisdiction conflicts and the methods to alleviate it.The forth chapter analyses the current situation of Chinese legislation and juridical practice,points out that we should avert the base of legislation model from territorialism to universalism and absorb the advanced legislative experience based on universalism;make up the blank in the legislation concerning the cross-border insolvency of China;alleviate the conflict of jurisdiction between maritime courts and non-maritime courts by appropriate arranging the engagement and coordinate of insolvency proceeds and maritime proceeds;cater to the trend of international cooperation in the field of maritime cross-border insolvency and intensifying the cooperation with the international world.
Keywords/Search Tags:Maritime Cross-Border Insolvency, Jurisdiction, Special Maritime Procedure, Extraterritorial Effect, International Judicial Assistance
PDF Full Text Request
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