Research On Conflicts Of Jurisdiction Over Foreign-Related Civil And Commercial Litigation

With the further development of economic globalization,international civil and commercial exchanges have becoming increasingly frequent,civil and commercial disputes have also increased.Althrough the legal procedures can resolve these disputes which are foreign-related civil and commercial conflicts of jurisdiction.The jurisdiction of a foreign-related civil and commercial litigation refers to the qualification of a court of a State to exercise jurisdiction over a specific foreign-related civil and commercial case in accordance with international treaties and domestic laws concluded or acceded by the State.It is not only beneficial to the litigation activities of the parties to the litigation and the trial activities of the court,but also conducive to the recognition and execution of the verdict.It is related to the maintenance of the sovereign interests of a country and the Citizens,legal persons and even the national civil rights protection.First of all,this paper systematically introduces the conflict of jurisdiction of foreign civil and commercial litigation,deeply elaborates the essential causes of the conflict of jurisdiction and the basic principles that choose the court should follow.By comparing the main conventions and foreign countries' laws,the paper generalizes weakness and strengths of the regulations in conventions to explore better regulatory strategies.In the last part of the thesis,through the systematic investigation of the law of the conflict of jurisdiction of foreign civil and commercial litigation in China,it puts forward the problem from the angle of legislation and judicial practice,and on the basis of the above analysis and argumentation,and gives the perfect proposal about the agreement jurisdiction and the principle of forum non conveniences and parallel litigations ect.Foreign-related civil and commercial exchanges are getting more and more prosperous which can serve our country get stronger and stronger.