The Study Of China's Legal System On Facing The Anti-suit Injunctions Made By Foreign Courts In Maritime Litigation Perspective

Anti-suit injunction is a special system to resolve conflicts of international jurisdiction in Anglo-American law countries.It is mainly an order to prohibit litigants with personal jurisdiction from proceeding in foreign courts.Injunction can be used to solve the problem of parallel litigation,defend other countries' excessive jurisdiction,and protect their judicial sovereignty and jurisdiction.However,the injunction also has drawbacks.Although it is aimed at a party with jurisdiction in one country,it indirectly hinders the judicial sovereignty of other countries.In recent years,with the increasing importance of China in international trade,the complexity of legal risks and challenges faced by China in international maritime comnercial activities is also increasing.Especially in the field of maritime judicature,there is an increasing tendency for the courts outside the region to make injunction against the parties in China,and the service of injunction against the parties in China is also gradually increasing.On the theoretical level,there have been relatively complete studies on the analysis and development trend of injunction system.However,with the increasing importance of Chinese parties in the international commercial arena,the passive avoidance strategy;of injunction in the past seems too simple,and may even bring greater losses to Chinese parties in addition to litigation due to passive avoidance.The problem of parallel litigation arising from the conflict of jurisdiction brings some troubles to the litigants.However,how to deal with the adverse impact of injunction on the litigants in judicial practice is still unclear in China.This paper will adopt the methods of empirical analysis and comparison analysis.First,I will investigate the applications of anti-suit injunctions both in the United States and the United Kingdom.Then,I will make a contrast of the two countries on the basis of the investigations with a purpose to provide some proposals to our country.This paper divides into four sections.The first section gives a brief introduction of the anti-suit injunction.It involves the origin and developments of anti-suit injunction,and this leads to a series of questions for us to ponder.The second section introduces five anti-suit injunction cases in which the anti-suit injunctions are directed at Chinese.These cases lead to the problems that need to be considered and studied in this paper.At the same time,they also examine the current "forms that are closest to the anti-suit injunction".The analysis mainly refers to the maritime injunction and the behavior preservation system.The third section is a comparative study of foreign countries'response to extraterritorial injunctions.Through comparative analysis of the similsuities and differences between the United Kingdom,the United States and the European Union in responding to the anti-suit injunction,in order to draw lessons from the system,we will inspire the construction of China's system for responding to the anti-suit injunction.The fourth part is to examine the issue of the injunction and China.This part is divided into two parts:the first part predicts the trend of the anti suit injunction in the maritime litigation in China in the future by statistics on the existing data;the second part discusses the feasibility of introducing the anti suit injunction in China and the method of China's response to the extraterritorial injunction and the corresponding construction of the Chinese injunction system.In 2017,Wuhan maritime eourt issued a maritime injunction,requiring foreign shipowners to apply to the high court of HongKong to withdraw their injunction against Chinese insurers.Among the cases available for public inquiry,this is the first time that a Chinese court has made a clear statement on the injunction issued by a court outside the region.Based on the case itself exists confrontation in the aspect of theory system study and analysis,and analyzes the common law countries and the European Union to the anti-suit injunction legal measures,starting from the case,discuss the anti-suit injunction in the view of empirical analysis,targeted to complement and perfect the current law system in China,in the judicial practice Angle,give the better legal means in our country,in response to outside anti-suit injunction on the adverse effects of the parties in our country,to maintain China's judicial sovereignty and jurisdiction.