Research On The Application Of Interim Measures In International Civil Litigation

With the accelerated development of international economic integration and economic globalization,the exchanges between countries have geting closer,and civil and commercial disputes have increased.The international civil litigation mechanism in which the temporary measures play an indispensable role needs to be perfected in an increasingly diverse and complex situation.However,the international community lacks a unified system of temporary measures in legislation and has encountered many problems in judicial practice.Among them,the relevant legislation and judicial practice of the EU and the United States have much reference significance in the application of interim measures.This paper is divided into five parts,mainly combining the advanced theories and practices of major countries who discussed the application basis,jurisdictional application,applicable conditions,and recognition and enforcement of the interim measures in detail to expound several important legal issues in the interim measures.So we could have a relatively systematic and in-depth understanding of the development of interim measures in the international community,and finally returns to China's international civil affairs.The legislation and practice of interim measures in litigation point out the shortcomings of the legal provisions of China's provisional measures and the problems that arise in the application and propose a progressive path.The first part is an overview of the interim measures in international civil litigation.It mainly explains the definition,the classification and the characteristics and functions of temporary measures to make us have a basic understanding of the content of temporary measures.The basis for the application of the interim measures,including the basis of international law,the basis of domestic law and the theoretical basis.Through research,it is found that the legal basis and theoretical basis are not sufficient,and the system of provisional measures is not comprehensively applied and unified in the certain region,but it at least provides an important basis for the further development of the application of temporary measures.The second part is the jurisdictional application of the temporary measures and This includes the determination of the jurisdictional court,the relationship between the jurisdictional jurisdictionand the jurisdiction of the entity as well as conflict and coordination of jurisdiction of interim measures.The third part is the applicable conditions.and the analysis of the relevant provisions of other countries regarding the conditions of application and their reference to China.The fourth part discusses the application effect of the temporary measures,which is divided into intra-domain implementation and extra-territorial execution,and focuses on the analysis of the extra-territorial implementation.Through the comparative analysis of the recognition and enforcement of interim measures with international civil and commercial arbitration and the recognition and enforcement of judgments,so as to explain courses of its dilemma in civil litigation.The fifth part mainly analyzes the shortcomings and improvement of the legal provisions of China's temporary measures,and discusses the status quo of China's legislation and Improvement path...