On The Regulatory Issues Of Location-based Litigation

Since jurisdiction itself has certain public law properties,its status as an international judicial issue has for been neglected sometimes.However,with the increasing frequency of international exchanges,especially the rapid development of international trade,international civil and commercial disputes often arise.Therefore,the conflict of jurisdiction,as an unavoidable issue in private international law,is attracting more and more scholars' attention.Most scholars in our country proceed from other angles to study the conflicts of jurisdiction in international civil and commercial litigation,rarely directly involved in the selection of the court.This article starts with the definition of forum shopping itself,and focuses mainly on the regulation of selecting court issues.And compare the systems of various countries to explore effective ways to regulate the selection of courts.The first chapter is introduction.Mainly introduces the basis of this topic and the research status at home and abroad.The second chapter is about the origin and development of the forum shopping.In this chapter,from the point of view of the origin and development of the forum shopping in the Anglo-American legal system,the origin of the plaintiff's choice and the development of the judiciary in the United Kingdom and the United States,different views on the issue of alternative vocation.The third chapter is the solution to the issue of forum shopping.This chapter starts from the theoretical basis of the necessity of regulating the behavior of forum shopping,and puts forward two criteria for the forum shopping.The forth chapter is foreign regulatory instruments for forum shopping.Dividing the means of regulating the choice of actions into pre-defense means limiting the excessive jurisdiction,the arbitration agreement and the jurisdiction of the agreement will choose to take the preventive action in case of emergencies and ex post facto relief,i.e.forum non conviences,injunction,the negative declaration,the refusal to recognize and enforce foreign judgments eliminates the negative impact of forum shoppingn on the other party.The fifth chapter is forum shopping for our country present situation and the suggestion.Based on the present condition of our country,this chapter analyzes the present situation of legislation and judicature,and makes it clear that our current legislative and judicial practice is not enough to regulate forum shopping.Then we start with the effective measures to regulate the forum shopping in our country and put forward the suitable means to regulate the selection of the courts.