Research On Exclusive Jurisdiction Of China’s Civil Procedure Concerning Foreign Affairs

Since the establishment of exclusive jurisdiction,there are varied and complicated problems when applying the law into practice.People from the academia are consistently in researching and exploring exclusive jurisdiction,and furthermore,the legislator from time to time is perfecting legislation of exclusive jurisdiction.However,the problem of exclusive jurisdiction remains unresolved,such as scope of exclusive jurisdiction,whether or not one-tie system or dual-track system is more suitable for exclusive jurisdiction,is there a need to apply exclusive jurisdiction into foreign-funded enterprises.This article is trying to analyze and research on perfecting transnational exclusive jurisdiction system of our country,hoping to be conducive to both theories and practice of transnational exclusive jurisdiction.This article proceeds from concepts and theories of transnational exclusive jurisdiction,combining with the regulations of exclusive jurisdiction of extraterritorial countries,and then presents my ideas and suggestions on perfecting transnational exclusive jurisdiction.Successful experience is worth learning and drawing upon.However,it is illogical to completely use others’ experience.What we need more is internalization,to internalize other countries’ regulation into our country’s regulation,based on Chinese situation.So is to transnational exclusive jurisdiction system of our country.What counts is to revise the law based on our country’s situation and characteristics.In terms of the structure,this article is divided into three parts,from question proposing,question analyzing to suggestions for perfecting problems.Firstly,it’s the basic concept and basic theory of the exclusive jurisdiction.In order to do further research,we need to understand the basic concepts and theories.Because it is the foundation of a system and is the key point of exclusive jurisdiction.Every system is built up from the concept,the basic concept is the soul of a system.After comparison between countries,I put up my evaluation and analysis transnational exclusive jurisdiction system of China’s jurisdiction over foreign civil and commercial disputes.The first part of this article talks about the basic theories and theoretical foundation of exclusive jurisdiction.After that,it goes the connotation of exclusive jurisdiction.At the end of the first part,there are merits and demerits of transnational exclusive jurisdiction when it has been put into practical application.In the contemporary society,it is so complicated and complex that there is no exception that a rigid rule such as exclusive jurisdiction will meet some irreconcilable conflicts,such as the legislation model of transnational exclusive jurisdiction,whether it is too ambiguous that all the disputes concerning real estates apply to exclusive jurisdiction,exclusive jurisdiction of foreign-related port operation has suspicion of the duplication,whether foreign succession and the disputes concerning enterprises with foreign investment still need the limitation of exclusive jurisdiction,all of which is worth discussion and exploration.The second part of this article is the comparison between countries through analyzing transnational exclusive jurisdiction of different countries and the introduction of some regulations of the Brussels ConventionⅠof European Union.Continental law countries such as Germany,Japan,and France generally apply exclusive jurisdiction into disputes concerning real estates and status relationship.We can learn from the best and filter out the gross.Last but not least,the third part is the focus of this article.On the basis of elementary theories and comparison between countries,this part discusses in detail the characteristics of transnational exclusive jurisdiction system of China’s jurisdiction over foreign civil and commercial disputes.What counts most of theimprovement of the system is whether the suggestion is feasible.Therefore,the core part of this part is about how to improve transnational exclusive jurisdiction system and expound and proof its rationality and feasibility.