On Indirect Jurisdiction

As the final step of the international civil and commercial litigation process,the recognition and enforcement of foreign courts' judgments are also important sections and fields of international judicial assistance for civil and commercial affairs.On the one hand,through the system,it is possible to realize the function of recognizing the rights contained in foreign judgments.On the other hand,if the judgment contains execution contents,the rights contained can also be implemented in the requested State.Through the above mentioned system,the damaged right can be promptly remedied,and the authority of the law,the stability of the national order,and the security of the transaction can be protected.Starting from the above mentioned system,this article first analyzes the relevant concepts and theoretical basis of it and on this basis introduces the issue of indirect jurisdiction over it.In the second part of this article,the author begins with the provisions of Article 5 of the 2017 Hague Draft Convention,which deals with indirect jurisdiction,and analyzes this in detail and relates it to the 1971 Hague Convention and the Brussels System.Comparing the content and appropriately anticipating the direction of the convention;in the third part of this article,the author starts from the current status of China and analyzes the problems existing in the field of indirect jurisdiction in China,and the author provides some suggestions for those issues mentioned above in the last part of this paper.