On Anti-Suit Injunction

The increasing frequency of international civil and commercial exchanges,the increasing flow of goods,services,capital and technology across the border,civil and commercial disputes are becoming more and more complex and diverse.The complexity of disputes is manifested in all aspects,the most important problem is the jurisdiction of cases.Regulating international civil and commercial litigation concurrence is of great significance to lighten litigation burden,reduce the waste of judicial resources and avoid contradictory judgments.At present,the international rules governing parallel litigation mainly include the principle of accepting the court first,the principle of inconvenience,the principle of recognition of expectations,pending litigation and anti-suit injunction.As one of the means to regulate parallel litigation,injunction is a unique method of equitable relief in common law countries.It protects the right of the other party not to be sued in a foreign court by instructing the party under the jurisdiction of the court not to initiate or advance litigation in a foreign court.For a long time,China has adopted a laissez-faire attitude towards parallel litigation,and adhered to the principle of priority of domestic judgments and litigation.Chinese courts have no clear attitude towards foreign injunctions,lack of response measures.Therefore,on the basis of investigating the foreign anti-suit injunction,this paper intends to analyze the attitude and methods of our country in dealing with the foreign anti-suit injunction,and finally to explore whether our country should introduce the anti-suit injunction.The first part of this paper combs the foreign injunction system in detail,including its concept,classification,historical origin and characteristics.The second part mainly compares and analyses the anti-suit injunction in Britain and the United States,and studies the differences between common law countries and civil law countries.The third part analyses the effectiveness of foreign injunction from the aspects of international conventions,laws and regulations of our country,and analyses the response of our courts to foreign injunction from the angle of judicial practice.Finally,it analyses the rationality of injunction from the legal point of view,and reconstructs the proper attitude of our courts to injunction.The fourth part deeply analyses the obstacles and feasibility of introducing injunction in China,and tries to construct the behavior preservation system to realize the function of injunction.Based on the study of the anti-suit injunction in common law countries,through comparative analysis and jurisprudence analysis,this paper intends to discuss the response of anti-suit injunction issued by foreign countries in foreign-related cases in China,and put forward constructive suggestions on introducing anti-suit injunction in China.Among them,the author makes a comparative analysis of the differences in the consideration factors for the issuance of anti-suit injunctions between Britain and the United States,the reasons for the differences in the application of anti-suit injunctions between civil law countries and common law countries,studies the rationality of anti-suit injunctions from the perspective of jurisprudence,explores the different responses to anti-suit injunctions on the basis of jurisdictional theory,and suggests that perfect the security system or use anti-injunctions as a form of judicial interpretation to regulate parallel litigation in China.The supplementary means are the innovation of this paper.