Research On Anti-Suit Injunction And Defense Of Anti-Suit Injunction In Foreign-Related Civil Litigation In China

With the further deepening of economic globalization,frequent civil and commercial exchanges lead to disputes and frictions.In the face of international litigation,due to the independent and equal jurisdiction and judicial system among countries,the parties concerned,based on the consideration of their own interests,choose the court and parallel litigation emerge in endlessly.In the early period of the development of the anti-suit injunction,its role was mainly to resolve the jurisdictional conflict between the common law courts and the church law courts in Britain.Later,with the collision of jurisdictions between countries,the system of restraining the jurisdiction of courts in other jurisdictions indirectly by restricting the behavior of the parties has been widely used,and has become a powerful tool for the international community to compete for jurisdiction and national interests.In practice,in the process of issuing the injunction,it is necessary to consider whether there is an exclusive court jurisdiction agreement,whether the court is a natural court,whether the proceedings of foreign courts cause oppression or harassment,fairness and justice,international comity and other conditions.There is no corresponding injunction system in China,but in the current international background,our civil and commercial subjects have encountered with them frequently in international commercial exchanges.How to face the injunction issued by other countries to our civil and commercial subjects has become a new problem and challenge.On the one hand,our courts frequently encounter injunctions issued by courts in other jurisdictions,and on the other hand,our country has also begun to act anti-suit injunctions in judicial practice.However,the issue of the injunction nature of the act preservation ruling by virtue of the coat of act preservation in China has also caused some disputes in the international community.The Civil Procedure Law,the Maritime Procedure Law and the relevant provisions of the Intellectual Property Law of our country all contain the content of the act preservation,but there are defects in applying the act preservation system directly to the injunction.In addition to making a decision on the preservation of acts,our courts should also refuse to recognize the effectiveness of the injunction issued by foreign courts,refuse to serve the injunction issued by foreign courts,and refuse to recognize and enforce the judgments of foreign courts in cases involving injunctions.However,these practices either have flaws in practice or legal theory,or cannot meet the needs of reality.Therefore,first of all,China should establish its own injunction system.Based on the experience of judicial practice in China and the provisions of existing laws and regulations,the author puts forward suggestions on the issue.Secondly,China should strengthen international cooperation,coordinate the jurisdictional conflicts among countries by signing multilateral or bilateral international treaties,and solve the problem from the root.