Research On The Principle Of Minimum Contact Of Long-arm Jurisdiction To China By The United States

In international civil and commercial litigation,the court’s correct exercise of jurisdiction is of great significance.When a court receives a complaint from a plaintiff,one of its first elements is to examine whether it has jurisdiction in the case,Because in the process of case processing,whether we have jurisdiction will trigger the applicable problem of substantive law,which may change the trial results,affecting the relationship between rights and obligations of the parties.The question of jurisdiction in international civil proceedings is also closely related to the basic principle of sovereignty of states,It can be proved that every country is striving for the jurisdiction of international civil procedure in the issue of jurisdiction of international civil procedure.Under this background,the characteristic of the long-arm jurisdiction system of the principle of minimum contact concerned,formulate and apply it in reflecting the unique legal culture background and at the same time also brought the lawsuit benefit a lot.Especially in recent years,with the increasing trade frictions between China and the United States,there are bound to be a lot of Chinese enterprises will actively or passively resolve civil and commercial disputes through litigation,So in the long-arm jurisdiction in the United States the principle of minimum contact problem of attention and indepth research has important practical significance.Are introduced in this paper the principle of minimum contact theory and the principle of minimum contact judgement standard,analyzes the reasons and illegality of the application of the minimum contact principle in the long arm jurisdiction in the Sino-US disputes in recent years,finally,the author analyses its and puts forward concrete strategies.In the process of development,even though the principle of minimum contact has its imperfections,there are still some parts worth learning and thinking about.However,it is obvious that the fundamental purpose of the principle is to further expand the application of jurisdiction in the United States,so there are many problems in the principle itself,such as judges have too much discretion in the application process and insufficient provisions to limit the long-arm jurisdiction,which also reflects the illegality of the Application of long-arm jurisdiction in the United States based on the principle of minimum contact,the essence is an infringement of the sovereignty of other countries.In recent years,China has suffered a lot in the litigation cases related to the United States.We must in-depth analysis of minimum contact principle and effective specific measures are put forward.This paper is divided into four parts.The first part mainly introduces the theoretical basis of the principle of minimum contact in the Long-arm jurisdiction of the United States,including the background,concept and development of the principle of minimum contact,trying to make a detailed overview of its emergence and the context of historical development,and by introducing different studies on its definition by scholars in the United States and China,a relatively complete and reasonable definition is obtained.The second part analyzes the criterion of the principle of minimum contact in American long-arm jurisdiction,namely,the criterion of "rationality",the criterion of "relevance",the criterion of "predictability" and the criterion of "purposeful use".The third part mainly introduces the sino-us disputes in recent years,under the jurisdiction of the long arm of the minimum contact principles applicable to those illegality,out of the United States to China enterprise through the analysis of the practice case can apply the principle of minimum contact the wrongfulness of judgment.The fourth part analyzed emphatically on the application of the principle of minimum contact situation in our country,and tries to make objective evaluation to minimum contact principle,finally consider the reality of our country national condition,puts forward the minimum contact in China against the United States long-arm jurisdiction principle of specific measures,can effectively deal with long-arm jurisdiction in the United States,on the parts in time,and hope can avoid our country enters the mistake of blindly expanding civil jurisdiction.