Analysis of Hot Issues in China's Foreign Commercial Adjudication

Author: Guangdong High People's Court
Publisher:
Publish Date: 2004-06-01
Features: Due to the involvement of jurisdiction determination, service of legal documents, application of conflict of laws, determination of foreign law, extraterritorial evidence collection, and extraterritorial enforcement of judgments in foreign-related commercial adjudication, it presents special and complex characteristics different from general civil adjudication. Moreover, given the current imperfections in China's foreign-related adjudication laws and regulations, judges inevitably encounter various complex issues when applying the law and handling foreign-related cases. As Guangdong is a major province for foreign-related cases, adjudicators inevitably face more legal issues. Currently, research achievements in academia are severely disconnected from the practice of foreign-related commercial adjudication, and a harmonious interaction between legal theory and foreign-related commercial adjudication has not yet been established. Many practical issues cannot be found answers in academic works published so far. Over the long-term practice of foreign-related adjudication, Guangdong judges have continuously reflected on and explored these issues, gradually forming their own views and perspectives. As Guangdong's foreign-related commercial adjudication has attracted widespread attention nationwide, we believe that the views and perspectives of Guangdong judges on foreign-related commercial adjudication hold significant value for China's foreign-related commercial adjudication and academic research. To systematically summarize and reflect these views and perspectives, we compiled Analysis of Hot Issues in China's Foreign-Related Commercial Adjudication.
The authors of Analysis of Hot Issues in China's Foreign-Related Commercial Adjudication are primarily judges from Guangdong's court system engaged in foreign-related commercial adjudication. They have all received sound higher legal education, with most holding master's or doctoral degrees, and possess extensive experience in foreign-related adjudication. This book is the result of their continuous exploration and reflection based on judicial practice. Analysis of Hot Issues in China's Foreign-Related Commercial Adjudication collects 43 excellent papers covering various aspects of foreign-related commercial adjudication, including jurisdiction, parties to the suit, application of law, evidence, service of documents, recognition and enforcement of foreign judgments, and judicial review of arbitration. A prominent feature of this book is its strong practical relevance and a certain level of theoretical depth. In terms of content, the authors either seek solutions to problems, propose suggestions for legislative improvement, or point out the shortcomings of current theoretical research, reflecting each author's solid theoretical foundation and pragmatic writing approach.