Study On Indirect Jurisdiction In Recognition And Enforcement Of Foreign Civil And Commercial Judgment

The indirect jurisdiction in the recognition and enforcement of foreign civil and commercial judgments involves the rights and interests of the parties and the national judicial independence,which is a prerequisite for the recognition and enforcement of foreign civil and commercial judgments in the international community.In this paper,the research on indirect jurisdiction is divided into five parts,starting from the connotation of the indirect jurisdiction,discusses the main content and innovative system formed by the Hague Conference on Private International Law in the pursuit of uniform indirect jurisdiction review standards.Issues that should be noticed in the future implementation of the indirect jurisdiction system.Analyze China’s indirect jurisdiction system and make suggestions for improvement.The first chapter mainly expounds the meaning and legislative mode of indirect jurisdiction in the recognition and enforcement of foreign civil and commercial judgments,and explain the importance of indirect jurisdiction to the recognition and enforcement of foreign court judgments.It further briefly discusses the efforts made by the international community to unify the system of indirect jurisdiction,and introduces Convention on the Recognition and Enforcement of Foreign Civil and Commercial Judgments adopted in 2019,which is the latest international convention in the field of recognition and enforcement of foreign civil and commercial judgments.The second chapter introduces the main content of the indirect jurisdiction before Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters,and comprehensively analyzes Hague Convention on the Recognition and Enforcement of Foreign Judgments in Civil and Commercial Matters,Hague Convention on Choice of Court Agreement The Draft Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters,discusses discusses the main content of far-reaching influence of the international community on indirect jurisdiction.The third chapter mainly discusses the new development of indirect jurisdiction in the Convention on the Recognition and Enforcement of Foreign Civil and Commercial Judgments.First,the article introduces the Convention to reasonably expand the scope of exclusions and provide clear instructions for the specific application of the Convention.Second,the article introduces the Convention taking into account the different viewpoints of the two major legal systems,and regulating the indirect jurisdiction of contract disputes to be determined by the place of performance and economic connection.Thirdly,the article introduces that the Convention clearly stipulates that the place where the action takes place is the only review standard for judgment of non-contractual obligations,so as to enhance the acceptance of the convention.Finally,the article introduces the principle of protection of the weak in the agreement jurisdiction system to protect the interests of consumers and workers in the agreement.The fourth part mainly introduces the important issues affecting the future implementation of the indirect jurisdiction system.It is mainly discussed from two perspectives: first,from the practical effect of the indirect jurisdiction system,it is discussed that the international community should coordinate the provisions of the indirect jurisdiction between international conventions and clarify the exclusive jurisdiction of the court prior to arbitration jurisdiction.Secondly,from the perspective of the domestic legal environment where the system of indirect jurisdiction is applicable,it is discussed that countries should pay attention to the connection between the system of indirect jurisdiction and the system of domestic jurisdiction,and absorb the innovative provisions in Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.The fifth part mainly discusses the legal practice and Suggestions of China’s the indirect jurisdiction on the recognition and enforcement of foreign judgments in civil or commercial judgments.This paper introduces the legal practice of China’s indirect jurisdiction from two aspects of domestic system and international exchange,points out the defects of China’s system of indirect jurisdiction,and puts forward suggestions on constructing the jurisdiction system of foreign civil and commercial cases.