Research On The Ways To Resolve Conflicts Of Civil Jurisdiction In ASEAN Countries

In the context of global economic integration and the continuous strengthening of regional economic and political ties,the degree of dependence between countries has continued to increase.Although development and exchanges in this process are the direction that all countries pursue and strive for,conflicts and contradictions still inevitably appear in many areas of the international community.From the perspective of foreign-related civil litigation,jurisdictional conflict is an important aspect of conflicts and contradictions among countries,and it has also received more and more attention from the international community.The key to solving the conflict of jurisdiction is to determine the attribution of jurisdiction.In foreign-related civil litigation,the attribution of jurisdiction is not only related to the development of the litigation,the choice of substantive law and whether the judgment result can be recognized and enforced,but also related to Whether the parties can obtain a reasonable judgment and whether their legitimate rights and interests can be protected.It can be seen from this that the resolution of jurisdictional conflicts concerns not only individuals,but also equal exchanges and cooperation between countries.Since the establishment of ASEAN,ASEAN countries have carried out closer economic,political and cultural exchanges,and the flow of people has become more frequent.Although ASEAN countries have achieved certain results in judicial cooperation in the increasingly close exchanges and contacts,due to the lack of uniform jurisdiction rules and standards in the international community,the scope of jurisdiction has not only been clearly defined,which has led to ASEAN The occurrence of jurisdictional conflicts among internal countries,including multiple judgments in one case,invalid judgments and contradictions,are the main manifestations of civil jurisdictional conflicts among ASEAN member states.In order to solve these problems and realize the effective resolution of civil jurisdiction conflicts in ASEAN member states,this article uses the research methods of document research and case analysis to first analyze the concept and classification of jurisdiction conflicts in cross-border civil and commercial cases,the reasons for formation,and the construction requirements.Based on this analysis,select four cases of civil jurisdiction conflicts in ASEAN countries,analyze the causes of civil jurisdiction conflicts in ASEAN countries through an overview of the cases,and propose solutions to ASEAN countries’ transnational civil jurisdictions Way of conflict.This article is mainly divided into four parts for discussion:The first part is the introduction,which mainly introduces the background and significance of the selected topic,briefly combs the existing research on international civil jurisdiction conflicts,and introduces the methods used in the research.The second part is an overview of jurisdictional conflicts in transnational civil and commercial cases.This chapter discusses the concepts and classification,manifestations,and constituent elements of jurisdictional conflicts in transnational civil and commercial cases,and grasps the theoretical basis of international civil jurisdictional conflicts.The third part is the practice of the conflict of jurisdiction of ASEAN international judicial institutions.Using the method of case analysis,this chapter selects four cases involving civil and commercial jurisdiction conflicts in different ASEAN countries to introduce,and further analyzes the causes of civil jurisdiction conflicts in ASEAN countries.The fourth part is the way to resolve the conflicts of civil jurisdiction in ASEAN countries.This chapter is the focus of the thesis research.First,it introduces the general principles and main ways of jurisdiction conflicts in transnational civil and commercial cases,and then proposes the path options for ASEAN countries to resolve jurisdiction conflicts according to the actual situation of ASEAN,so as to promote the civil jurisdiction of ASEAN countries.Effective resolution of rights conflicts.