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Research On Parallel Litigation System In International Civil Litigation

Posted on:2020-02-06Degree:MasterType:Thesis
Country:ChinaCandidate:Q WangFull Text:PDF
GTID:2416330590478026Subject:Law
Abstract/Summary:PDF Full Text Request
With the globalization of globalization becoming more and more extensive,countries' exchanges in the economic and cultural fields have become increasingly close,leading to the emergence of more and more international civil litigation cases.Parallel litigation is one of the frequently occurring problems.The more attention is paid to by various countries,the different litigations are handled by different countries,and the parties usually choose to file a lawsuit against their own courts for the most maintenance of their own interests,which makes the emergence of parallel litigation more Frequent and complicated.Parallel litigation in international civil litigation not only involves the personal interests of the parties,but also involves judicial resources,judicial sovereignty and public order of the countries,and is not conducive to the recognition and enforcement of inter-state judgments and the construction of a good international judicial order.China's legislation on parallel litigation is still in its infancy,and there are still many shortcomings in practice and theory.For example,in the inconvenient application of the principle of the court,the actual meaning is not considered,but the convenience of the surface is examined.There are still a lot of gaps in the regulation of jurisdiction agreements.This paper analyzes the status quo of China's parallel litigation system in international civil litigation,and on this basis,puts forward the construction of the system.Based on the introduction of the principle of inconvenient court,it introduces the "two-stage theory" to China's current Judicial practice is perfected,and at the same time,the principles of the first court and the principle of recognition are referenced,and the content of the jurisdiction of the parties is further refined and regulated.Finally,the parallel litigation is perfected by the recognition system of foreign judgments,and it contributes to the construction of a harmonious international judicial environment on the basis of safeguarding China's judicial sovereignty.
Keywords/Search Tags:Forum Non Convenience Doctrine, Inconvenient court principle, International judicial coordination, jurisdiction
PDF Full Text Request
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