Research On The Construction Of An Anti-suit Injunction System With Chinese Characteristic

An injunction is an issue derived from international parallel litigation,which is not only related to the protection of a country’s own jurisdiction,but also related to the protection of the legitimate rights and interests of the litigants.Countries have different attitudes towards injunctions,and even scholars within a country have generated great controversy over injunctions.Especially when China has frequently been restricted by injunctions in the fields of international standard essential patents,maritime litigation,and international commercial arbitration in recent years,the topic of injunctions has entered a climax of controversy.Examining the current development situation of the injunction in China,and realistically exploring the construction of a system of injunctions with Chinese characteristics is conducive to the improvement and development of the law.More importantly,maintaining the jurisdiction of our courts in parallel litigation,effectively protecting the legitimate rights of our parties,and not being in a passive position.This article is guided by the theoretical basis of the injunction in different contexts,and based on China’s practice in the fields of standard essential patents,maritime disputes,and commercial arbitration.While observing the application paths of foreign injunctions,it is committed to exploring the problems existing in China’s injunctions,and exploring the development model of China’s injunctions through layer upon layer thinking.In the field of international standard essential patents,China currently has the practice of using the "behavior preservation system" to counter the injunction;In the field of maritime litigation,China is accustomed to using "maritime injunctions" against injunctions;In the field of international commercial arbitration,although China has not yet enacted relevant legislation on injunctions to address parallel litigation issues that arise in international commercial arbitration,we still strive to promote the development of this field,but we are passive in the practice of making judgments in our courts when one party disputes the jurisdiction of our country based on an injunction.In foreign countries,common law countries have formed legal provisions on prosecutorial injunctions.Even if there are no such provisions,there are also patterns of application and review of prosecutorial injunctions derived from long-term judicial practice;Civil law countries tend to reject prosecutorial injunctions,but there are also ways to deal with them.The practice of prosecutorial injunctions in China is of course different due to the special historical origins of our country.Therefore,after focusing on the practical development of prosecutorial injunctions in China,this article makes specific suggestions on building a prosecutorial injunction system with Chinese characteristics.Specifically,this article consists of four main parts.The first part: A basic overview of the injunction,including its conceptual origin,legal value,and a general overview of its development in different fields;The second part: Analyze the application and development of prosecutorial injunctions in the United Kingdom and the United States,as well as the attitudes of Germany and France towards prosecutorial injunctions,and conduct a comparative study of prosecutorial injunctions in Anglo American law countries and civil law countries;The third part: Starting from classic examples in different fields,it analyzes the specific measures taken by China to respond to the prohibition order in the current context,as well as the development status of the prohibition order in China’s legislation and justice;The fourth part: After systematically and comprehensively analyzing the prohibition order in the previous three parts,from abroad to domestic,from the overall to practical cases,this part deeply considers the starting procedures and principles to be followed for the prohibition order,and makes a tentative plan for constructing a system of prohibition orders with Chinese characteristics based on the introduction of different prohibition order systems in different fields.Based on the theoretical and practical analysis of injunctions in the fields of international standard essential patents,maritime litigation,and international commercial arbitration,it is found that there are significant differences in the development pace and mode of injunctions in these fields in China.We have the opportunity to introduce,standardize,and legalize injunctions in the fields of international standard essential patents and commercial arbitration,and also have the advantage of using maritime injunctions against injunctions in the maritime field,Only by differentiating and developing prosecutorial injunctions in these areas in different ways can we better adapt to the current development of Chinese society and the process of a country ruled by law.