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The Formation And Development Of The Long Arm Jurisdiction System Of American

Posted on:2020-03-14Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y GaoFull Text:PDF
GTID:2416330596480476Subject:Legal history
Abstract/Summary:PDF Full Text Request
The long arm jurisdiction system is a special system in the US civil litigation jurisdiction system,which is formed in the United States to resolve the issue of inter-state civil and commercial jurisdiction disputes,and with the growing economic exchanges between the United States and other countries,the system has been widely used in jurisdictional litigation in international civil and commercial cases,and with the progress of society,it is constantly developing and perfecting in practice.The long arm jurisdiction of the United States means that the defendant's place of residence is not in the state where the court is located.As long as there is some minimum connection between the defendant and the state in which the court is located,the court can be in the state because of this connection.The outward defendant issues a subpoena and exercises personal jurisdiction over the defendant.The US courts exercised the basis for human jurisdiction,from the mandatory responding system in the colonial period to the early 19 th century,through a free response system for direct delivery of defendants within the jurisdiction of the court.However,with the progress of society,this basis for judgment cannot be adapted to the progress of society.In 1877,the traditional basis for the exercise of human jurisdiction was established by Pennoye v.Neff.However,the traditional basis is based on strict geographical boundaries.In the context of increasingly active interstate trade,it faces enormous challenges in the establishment of human jurisdiction.On this basis,the long arm jurisdiction of the judgment standard is based on the principle of “minimum contact”.In the judicial practice after the mid-20 th century,the principle of “minimum connection” was further developed and improved,and the applicable standards for long arm jurisdiction were refined and the jurisdiction was expanded.Through the analysis of the emergence and development process of the US long arm jurisdiction system,based on the full understanding and grasp of the development track and theoretical composition of the long arm jurisdiction,this paper argues that the long arm jurisdiction of the US courts greatly expands the jurisdiction of the US courts,and this unique jurisdiction system of the US courts profoundly reflects the cultural traditions of case law in the United States in the process of its formation and development.In addition,the emergence and development of the long arm jurisdiction system also fully reflects the innovation and flexibility of American law,and can provide reference and experience for the theory and practice of foreign-related civil litigation in China.
Keywords/Search Tags:American civil suit, long arm jurisdiction, "minimum contact", extraterritorial application
PDF Full Text Request
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