On The Jurisdictional Rules Of Indirect Adjudication In Response To Litigation

The provisions of the Hague Convention on the Recognition and Enforcement of Civil and Commercial Judgments concerning indirect jurisdiction in response to litigation reflect the Convention's respect for national sovereignty and party autonomy,however,when the objection to the court's exercise of jurisdiction is obviously not successful,it can prevent the occurrence of responding jurisdiction.Such a provision will cause many practical problems in reality.It will increase the burden on partied and cause unfair litigation,which makes the provisions of the convention null and void.China has signed the Convention on the Recognition and Enforcement of Civil and Commercial Judgments,and there is still a long way to go before ratifying the convention.When Chinese laws and conventions are connected,it is necessary to specifically define the connotation of jurisdictional objections,to improve and clarify the inconvenient principles of courts.It is also necessary to specify the scope of application of jurisdiction in response to litigation,to promote the development of theory and practice of implied jurisdiction.At the same time,hierarchical jurisdiction and exclusive jurisdiction should not be reservation clauses when we ratify this treaty.This article studies the rules of indirect judicial jurisdiction in response to litigation from the provisions of Article 5,Paragraph 1,Item 6 of the Hague Convention on the Recognition and Enforcement of Civil and Commercial Judgments.In the introduction part,it mainly introduces the background of the signing of the Convention on the Recognition and Enforcement of Civil and Commercial Judgments and the development of party autonomy,and sorts out the whole process of the convention's formulation of indirect jurisdiction clauses in response to litigation.In the first part,it mainly discusses the theory of implied jurisdiction and the indirect jurisdiction of respondent in the convention,and clarifies the implied jurisdiction of the defendant as the theoretical basis of the indirect jurisdiction of respondent.The second part mainly discusses the meaning of Article 5,paragraph 1,item 6 of the convention based on the information of the Hague Conference,analyzes various situations that may arise,and evaluates this article.The third part is a specific analysis and comparison of different conventions,hoping to make the convention more specific.The fourth part analyzes the bilateral civil and commercial judicial assistance treaties,and and discusses this with the convention,and puts forward my own conclusions and suggestions.