Research On The Review Standards Of Indirect Jurisdiction In The Recognition And Enforcement Of Foreign Judgments In Civil Or Commercial Matters

The recognition and enforcement of judgments have always been the crux of the development of international civil and commercial litigation.The Economic globalization has led to the emergence of transnational disputes,which creates the need for a country's judgment to be recognized and enforced in another country.The issue of indirect jurisdiction is one of the most important factors which is hindering the recognition and enforcement of judgments.In most countries,the review of indirect jurisdiction of foreign courts is the first requirement in the process of recognition and enforcement of foreign judgments.Indirect jurisdiction itself involves the judicial sovereignty of a country,so its review standards formulated by different countries are quite different,which makes it difficult for judgments to flow freely around the world.In the context of increasingly frequent cross-border trade and investment activities,the issue of indirect jurisdiction needs to be urgently addressed.In order to promote the free circulation of civil and commercial judgments around the world,the international community has been working to unify the review standards of indirect jurisdiction by an international convention.The EU Brussels system has achieved great success and realized the free circulation of judgments between EU countries.Then the Hague Conference on Private International Law has been committed to studying the global rules for the recognition and enforcement of judgments,in which jurisdictional issues have always been difficult to overcome.After lots of failures,the Hague Conference on Private International Law decided to stop negotiations on direct jurisdiction,while focus on indirect jurisdiction research.Finally,the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters was adopted,in which the provisions on indirect jurisdiction will play an important role in promoting the global flow of judgments.The recognition and enforcement rules of judgments in the international community have been continuing to progress,while in china they have not kept pace with international progress,especially the issue of indirect jurisdiction.There are almost no rules on indirect jurisdiction in Chinese domestic legislation,which may result in the recognition and enforcement of foreign judgments without qualified jurisdiction,and damage the defendants' interests.Combining the practice of private international law with the development of international conventions,this essay intends to propose suggestions to improve Chinese indirect jurisdiction rules,in order to achieve smooth recognition and enforcement of judgments between China and foreign countries.This essay consists of an introduction,a body,and a conclusion.The main body consists of four chapters.Chapter ? explores the deficiencies of Chinese indirect jurisdiction rules.Starting from the domestic practices of typical countries,this essay studies the issue of review standards on indirect jurisdiction.Based on this,this essay analyzes the current situation of Chinese indirect jurisdiction,and finds that there is a lack of indirect jurisdiction rules in China.Chapter ? analyzes the rules of jurisdiction in the EU Brussels system.Based on the study of the formation of the Brussels system,this essay intends to analyze its jurisdictional rules and the review standards of indirect jurisdiction.Then this essay analyzes its innovations and deficiencies.Chapter ? analyzes indirect jurisdiction clauses of the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters.After exploring the history of the convention,this essay intends to analyze the rules and application value of Article 5 and Article 6Chapter ? explores how to establish the review standards of indirect jurisdiction in China.This essay decides to learn from Swiss law to set up indirect jurisdiction clause in Chinese domestic law.After exploring the feasibility and necessity to accede the Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters,this essay suggest that we should actively join in it,in order to promote the free circulation of civil and commercial judgments between China and foreign countries.