Research on International Civil Litigation Jurisdiction

Author: Liu Li
Publisher:
Publish Date: 2004-03-01
Features: This book is divided into five chapters, totaling approximately 250,000 words. Chapter 1 is an overview of international civil litigation jurisdiction, covering three main issues: first, the status and role of international civil litigation jurisdiction in international civil litigation; second, the connection between international civil litigation jurisdiction and the legal application of international civil and commercial disputes; third, the theory and practice of judicial immunity from jurisdiction over international persons and their property. Chapter 2 is the determination of international civil litigation jurisdiction—direct international civil litigation jurisdiction, which primarily discusses three levels. First, it addresses the basis for exercising international civil litigation jurisdiction, generally including traditional grounds such as nationality, residence or habitual residence, the location of the thing, and the place of the legal act, as well as modern grounds such as party agreement and minimal contact. Then, it selects several countries that represent the characteristics of the common law and civil law systems, respectively introducing their legislation and practices in determining the basis for international civil litigation jurisdiction. The third level discusses four influential international treaties from the perspective of contemporary times. Although these treaties are not perfect in determining the basis for international civil litigation jurisdiction, their efforts to coordinate and unify such jurisdictional grounds are undeniable. Chapter 3 is the judicial review of international civil litigation jurisdiction—indirect international civil litigation jurisdiction, which discusses international civil litigation jurisdiction from the perspective of the recognition and enforcement of foreign court judgments. Chapter 4 is the conflict and resolution of international civil litigation jurisdiction, first analyzing the existence and causes of conflicts in international civil litigation jurisdiction, then discussing theoretical doctrines and general principles for resolving such conflicts, and finally rationally designing solutions and comprehensively analyzing practical approaches to resolving jurisdictional conflicts. Chapter 5 is a study on the legislative issues of China's international civil litigation jurisdiction, introducing the four legal jurisdictions separately in terms of the basis for international civil litigation jurisdiction and the conflict of international civil litigation jurisdiction.