A Discussion On The Conflict And Coordination Of Jurisdiction In Maritime Cross-border Bankruptcy Cases

With the deep propel of China's“Belt and Road”strategy and economic globalization becoming increasingly intensive,international trade will be more frequent,and this opportunity will bring us economic dividends.However,at the same time,there will also be a variety of difficult economic dispute cases,such as maritime bankruptcy cases.On February 17^th,2017,HANJIN SHIPPING CO.,LTD.,the world's seventh largest shipping company in Korea,officially declared bankruptcy and ended its operation after running more than 40 years,which marked the official downturn of this Korean shipping industry with the dream of“Repaying the motherland by developing ocean shipping”.This world-shaking bankruptcy case of HANJIN?hereinafter referred to as the‘HANJIN Case'?was a fatal blow to the global shipping industry.China also had taken a hit.The emerging cases of maritime cross-border bankruptcy in China are also triggered by the“HANJIN Case”.However in China,we have"Maritime Code of the People's Republic of China"?hereinafter referred to as the‘Maritime Code'?,"Special Maritime Procedure Law of the People's Republic of China"?hereinafter referred to as the‘Special Maritime Procedure Law'?,“Civil Procedure Law of the People's Republic of China”?hereinafter referred to as the‘Civil Law'?and"Enterprise Bankruptcy Law of the People's Republic of China"?hereinafter referred to as the Enterprise Bankruptcy Law'?,but none of them has enough provisions on cross-border bankruptcy and they are too general to solve the problem.In particular,there are only a handful of provisions on issues related to jurisdiction.They are not conducive enough to solve the legal conflicts and contradictions in cross-border bankruptcy cases.Besides,different countries have different procedural leads to a series of legal conflicts and contradictions when there are maritime cross-border bankruptcy cases.Therefore,solving the problems related to jurisdiction in maritime cross-border bankruptcy is important issues of the international community.Combining the legislative and judicial practices at home and abroad,this study proposed some solutions on the coordination of jurisdiction in cross-border maritime bankruptcy insolvency based on the national conditions of China by expounding the concepts,characteristics,theoretical basis and the necessity of resolving jurisdictional conflicts involved maritime cross-border bankruptcy cases,and defining the standards for determining the jurisdiction in maritime cross-border bankruptcy cases.