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A Study Of Jurisdictional Conflicts Of Maritime Cross-Border Insolvency And Their Countermeasures

Posted on:2020-06-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y LiuFull Text:PDF
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Jurisdiction of cross-border maritime insolvency is the first important problem to be solved in cross-border maritime insolvency cases.As cross-border maritime insolvency cases involve both bankruptcy law and maritime law,conflicts of jurisdiction are widespread.At present,there are still no uniform rules and international conventions to regulate the distribution of jurisdiction in cross-border maritime insolvency cases.Although EU Convention On Insolvency Proceedings in 2015 and UNCITRAL Model Law on Cross-border Insolvency in 1997 have broad applications,they have fewer provisions on cross-border maritime insolvency jurisdiction.China's bankruptcy law and maritime law started relatively late,so we have few experience of cooperation with foreign countries in the field of cross-border maritime insolvency.China's bankruptcy law and maritime law can neither conform to the existing international theory nor solve practical problems well.they are obviously backward and insufficient.Nowadays,with the rapid development of China's economy,it is very necessary to establish a cross-border maritime insolvency legal system in China.This can not only promote the development of our foreign economy,but also highlight the status of our country as a powerful country.This paper studies the theory and international practice of the jurisdiction of cross-border maritime insolvency on the basis of cross-border maritime insolvency cases.At the same time,this paper reviews the current situation and shortcomings of domestic legislation,and puts forward some solutions,aiming at providing theoretical reserve for the improvement of relevant legislation in China.The main contents of the thesis are as follows:The introduction part expounds the research background and significance of this paper.At the same time,it summarizes and reviews the existing literature,and puts forward the research theme of this paper.It also introduces the main research methods and the innovation and deficiency of the thesis.Firstly,it defines the concept of jurisdiction of cross-border maritime bankruptcy cases,and summarizes the theoretical basis of jurisdiction over cross-border maritime bankruptcy.Secondly,it analyzes the status and reasons of jurisdictional conflicts in cross-border maritime bankruptcy,and analyzes the existing deficiencies of relevant legislation according to some cases;once again discussed the settlement principles,solutions and main ways of conflicts of jurisdiction in cross-border maritime bankruptcy cases;finally,in view of the actual situation in China,put forward some suggestions to resolve the conflict of cross-border maritime insolvency jurisdiction in China.
Keywords/Search Tags:Cross-border maritime insolvency, Jurisdiction, Maritime special procedures, Extraterritorial effects, International mutual legal assistance
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