Study On Excessive Jurisdiction Of Civil Procedure Involving Foreign Element

Excessive jurisdiction,provisioned in municipal laws of plenty of countries with different names,has become a jurisdiction system typical of certain nations.To avoid conflict of jurisdiction brought by excessive jurisdiction,Brussels Convention,Lugano Convention and other conventions try to regulate excessive jurisdiction of contracting parties by the way of enumerating the types and negative list of excessive jurisdiction.Excessive jurisdiction arises from independence and fragmentation of legislation and also non-cooperative game relationship between countries.Besides traditional areas,excessive jurisdiction also develops in internet infringement and security area.The appropriate design of jurisdiction provision is controlled by two basic policies: foreseeability and practicality,and justice of litigation.Excessive Jurisdiction unbalances the above basic policies as its main function is to expand one country's jurisdiction in order to make preferential judgment for sake of national interest.Based on substantial connection and the purpose of protecting the weak,some conventions also provide the exceptions of excessive jurisdiction so that excessive jurisdiction may play a positive role under certain circumstances.Based on the theory of comites gentium,reciprocity and “individual-basis”,Doctrine of Forum Non Conveniens,non-parallel litigation and agreement jurisdiction are used to restrict excessive jurisdiction.Excessive jurisdiction also exists in our country's legislation.To avoid conflicts arising from excessive jurisdiction,the excessive jurisdiction provisions recognized by international community shall be restricted by legislation and appropriate jurisdiction and necessary jurisdiction provisions shall be also provided.