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A Study On The Improvement Of Chinese International Commercial Court

Posted on:2020-10-15Degree:MasterType:Thesis
Country:ChinaCandidate:X M LiuFull Text:PDF
GTID:2416330590958699Subject:Law
Abstract/Summary:PDF Full Text Request
In the contemporary international society,the construction of international commercial courts is increasingly valued by countries all over the world.The emerging International Commercial Court has the characteristics of professional organization structure,internationalization of the scope of accepting cases,facilitation of litigation procedures and strong credibility.In China,along with the promotion of "The Belt and Road",the Supreme People's Court established the International Commercial Court.The First and Second International Commercial Courts of the Supreme People's Court were established on June 29,2018 in Shenzhen and Xi'an,China.And they aim at providing international,professional and convenient dispute resolution mechanisms for the parties.At present,China's construction of the International Commercial Court still has some problems and difficulties that are not conducive to its long-term development in the areas of organizational structure,scope of accepting cases,litigation procedures,and "one-stop" dispute resolution methods.Therefore,it is necessary to learn from the experience of extraterritorial international commercial courts in the selection of foreign judges,the legal counsel system,convenient litigation procedures,signing implementation memoranda to promote the recognition and enforcement of judgments.And to make breakthroughs and innovations in combination with Chinese national conditions in the fields of selection and management of judges,the system of expert committees,the definition of "international commercial cases",the agreed jurisdiction,the procedural languages,the participation of foreign lawyers in litigation,and the effective recognition and enforcement of judgment documents.The International Commercial Court is an important part of China's "onestop" international commercial dispute resolution.The establishment of the International Commercial Court is an important manifestation of China's active participation in international judicial competition and an important measure to enhance discourse power for China.China needs to adhere to the attitude of guiding with advanced judicial concepts and ultimately build an international commercial court with internationalization,specialization,convenience and strong credibility.
Keywords/Search Tags:International Commercial Court, Election of Judges, Expert Committee System, Agreed Jurisdiction, "One-Stop" Dispute Resolution Methods
PDF Full Text Request
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