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An Analysis Of China To Join The Hague Convention On Choice Of Court Agreements

Posted on:2018-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:L W ZhangFull Text:PDF
GTID:2416330533964154Subject:Law
Abstract/Summary:PDF Full Text Request
The 2005 Hague Convention on the Choice of Court Agreements,as the first international convention dealing with the jurisdiction and enforcement of foreign civil litigation,entered into force on 1 October 2015.As the first Hague Convention on Private International Law,the entry into force of the Hague Convention on the Choice of Court Agreements is of great practical significance to our country.It has forced a new round of discussion on whether China should join the Convention.In this context,this article mainly uses the comparative methods and other methods for analysis.The purpose of this study is to analyze the necessity and feasibility of our country's accession to the Hague Convention on the Choice of Court Agreements.Based on the fact that China should join the Hague Convention on the Choice of Court Agreements,the authority put forward suggestions on the perfection of legislation on the jurisdiction of foreign civil litigation in China.This paper,which consists of three chapters,is divided into three parts: introduction,text and conclusion.The first chapter focuses on the overview of the Hague Convention on the Choice of Court Agreements.The main contents of the draft agreement on the concept of jurisdiction and its types in the foreign-related civil proceedings and the drafting of the Hague Convention on the Choice of Court Agreements are mainly introduced.Chapter 2 focuses on the necessity and feasibility of China's accession to the Hague Convention on the Choice of Court Agreements.On the basis of analyzing the necessity of China's accession to the Hague Convention on the Choice of Court Agreements,the feasibility of China's accession to the Hague Convention on the Choice of Court Agreements has also been analyzed to demonstrate that there is no natural gap between the relevant legal systems.The third chapter focuses on the future approval of China's accession to the Hague Convention on the Choice of Court Convention and further proposed to improve China's foreign civil litigation agreement under the jurisdiction of the legislative proposals.Since our country's accession to the Hague Convention on the Choice of Court Agreements is inevitable,the author proposes that it should eliminate the difference of the Civil Procedure Law of the People's Republic of China and the Hague Convention on the Choice of Court Agreements.
Keywords/Search Tags:Convention on the Choice of Court Agreements, Hague Conference on Private International Law, Foreign civil litigation agreement jurisdiction
PDF Full Text Request
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