The Identification Problem In The Competition For Foreign Civil Claims

The concurrence of international civil liabilities is a complex issue in private international law in practice and has developed varieties of theories on this system.As new problems keeping coming out in the practices of courts,more and more attention is attracted to this question.Because of the differences of law systems among countries,the results of identification are different.There are 4 main species concurrent liabilities,which have typical subjects and procedures of identification.Which is different from the common identification,the litigants have more than one claim and they have to choose one from them.So the litigants ought to be the subjects of the identification.Besides,the courts can also make identification according to the laws to supplement the litigants' claims.As the subjects of identification have been expanded,the phases of application should been extended.The identification exists not only the phase of application of law but also the phase of jurisdiction.The different choice of right of claim will lead to different jurisdiction in these cases,and different identification of the cases result in different application of rules of jurisdiction.Because of the new evidence which put up by the litigants,the identification in the phase of the application of law may be different from the phase of the jurisdiction,which is expected to be solved by explanation by the judges and the amendment.