Research On Cross-border Insolvency Jurisdiction Conflict

Cross-border insolvency is not only a big challenge in practice,but also a controversial issue in the academic field.Because of the lack of unified legal structure of cross-border insolvency,there are a number of problems in practice.The fundamental problem that should be solved is about the jurisdictional conflicts in the field of cross-boater insolvency.In China,legislation relevant to cross-border insolvency is far behind other countries.Some significant legal issues relevant to cross-border insolvency can not be found in Chinese regulations.In addition,the lack of theoretical research about jurisdictional conflicts in the field of cross-border insolvency makes the situation worse.Therefore,this dissertation does deep research about the issue of jurisdictional conflicts in the field of cross-border insolvency.It compares the legislation of cross-border insolvency in other country with Chinese regulations,then provides suggestions on how to balance different jurisdictional conflicts.Firstly,this dissertation discusses some fundamental problems of jurisdictional conflicts in the field of cross-border insolvency.To introduce the topic of this dissertation,the writer clarifies its significance and complexity of jurisdictional conflicts through its definition,legal origin and the standard of its establishment.To the perspective of the writer,the trend of jurisdictional conflicts is from the expensive jurisdiction towards restrictive jurisdiction.This trend will not be changed by the nature of jurisdictional conflicts,the development of international commerce and the attitude of governments to international civil cases.Secondly,combined with specific cases,this dissertation focuses on how to solve the problem of jurisdictional conflicts in the field of cross-border insolvency.In the view of the writer,jurisdiction of the court,anti-suit injunction,forum non conveniens and agreement jurisdiction should be considered within specific cases.Considering the mature and advanced experience of jurisdictional conflicts in other countries.The writer does deep research on the solutions of jurisdictional conflicts of other countries and international organizations,including the United States,European Union and the UNCITRAL.Thirdly,this dissertation introduces the lack of legislation in the field of cross-border insolvency in China,which brings bad influence to specific cases in practice.The aim of this dissertation is to provide suggestions to Chinese regulations that are related to cross-border insolvency.To the perspective of the writer,it is necessary to establish the standard of jurisdiction of cross-border insolvency,then adopt a reasonable model of jurisdictional coordination on the base of the situation of China.In addition,it is also important for China to participate into the international legislation within the field of cross-border insolvency and coordinate with other countries and regions.In the last part of this dissertation,the writer gives emphasis to the issue of jurisdiction in the field of cross border insolvency,which could be seen as the guarantee of procedural justice.Every countries should improve their own regulations as the same time to cooperate with other countries.China should seriously take the issue of jurisdictional conflicts in the field of cross border insolvency.To improve the current legislation of cross border insolvency,it is significant for us to combine the advanced experience from other countries with specific situations of China.That helps China to keep up with the trend of legislation and more participate into the international trade.