Excessive Jurisdiction And Limitation Of International Civil Action

Exorbitant Jurisdiction is developed under a special international environment:the independence of foreign legislation of various countries and the need of international communication.It is an inevitable result that various countries attempt to expand the scope of their jurisdiction when they establish jurisdiction rules.Many countries established the excessive jurisdiction rules,but they are very different,even they formed a national law rule of jurisdiction,their main purpose is to expand their jurisdiction.Excessive jurisdiction,therefore,is tend to protect own interests,the parties discrimination against foreign defendant,it will have an effect on multinational communication and destroy the harmony of international order.Scholars and official institutions began to realize the exist of excessive jurisdiction and their disadvantages.It is necessary to resist the abuses of excessive jurisdiction.In order to judge something is reasonable or not,we need a "yardstick",that is,internationally recognized criteria and specific circumstances.On the issue of excessive jurisdiction,no matter the legal provisions of various countries or the discussions of scholars at home and abroad,there is no specific method to judge whether a jurisdiction is excessive or not.The judgment made on the basis of excessive jurisdiction cannot be recognized and enforced by countries other than the country which made the judgment.Similarly,the courts of their own countries believe that other countries abuse their jurisdiction to make the judgment,and will not recognize and enforce that judgment.At this time,the parties will lose the way of relief.Therefore,it is necessary to define and judge which jurisdiction is excessive,unreasonable and affects international exchanges and cooperation It has become an urgent problem to be solved.This requires us to examine the problem of excessive jurisdiction from a domestic and international perspective,and strive to coordinate and solve the conflicts caused by the excessive expansion of jurisdiction,so as to eliminate its negative effects as far as possible.The world has been uphold international comity and reciprocal theory,by means of excessive jurisdiction inconvenient court principle regulation,through some convention provides that excessive jurisdiction and its exception trying to regulate the excessive jurisdiction of states parties.Since the middle of the 20 th century,with the improvement of the international coordination mechanism,many countries have began to perfect their law regulations,clear ban excessive jurisdiction basis,also in the international recognition and enforcement of judgments on jurisdiction of excessive regulation,do their best to be consistent with the international practices,even so,many excessive jurisdictions stipulated by the law in many countries to continue to apply,the Hague is also influenced by the ruling project smoothly.Our country’s legislation is not detailed,although the abuse of judicial practice is not serious,but our country should adjust the regulation of law,find the regulation may have jurisdiction of excessive suspicion,adhere to the due position,under the background of the new convention perfect rules of jurisdiction concerning foreign affairs in our country,promote the international association of "the Belt and Road",commit to making a international dispute resolution center,and how can our country limit excessively over this problem is also on the agenda.Would it be wise to full coordination as far as possible in the conflict,by perfecting legislation,flexible application of inconvenient court principle,perfecting domestic and participate in the international combination,the excessive jurisdiction regulation,links up with the international convention,adapt and promote the circulation of the global trend of judgment,create favorable legal environment of foreign civil and commercial judgment free circulation,promote China’s legal culture to the world,guide the international community to understand our country’s judicial system,establish the image of power to a fair trial.