In recent years，my country's cross -border commercial activities are increasing，Effective solutions for international economic and trade disputes have become the promotion of global governance of the rule of law、The inevitable requirements of optimizing the business environment。With my country's wireless communications industry occupying an advantage in the international 5G market，Chinese communications companies have continued to occur with foreign companies in recent years.。The two parties are likely to be based on the patent rights enjoyed in different countries as the basis for request right，Patent litigation in these countries，This causes SEP international parallel lawsuit。In this type of lawsuit，Some out -of -domain courts are competing for the jurisdiction of the case by issuing the "ban"。For this，The system or measures that have not been formed in our country to respond to，This makes my country passively in this international game。On the surface，The ban on the case of the case is only for the parties to the case，instead of foreign courts。But in fact，Outreachment prohibition order not only lost the right to sue and enforce the judgment made in my country's court in my country，Affecting its economic benefits and its reputation in the international market，And further hinders my country's civil litigation procedures，Challenge my country's judicial sovereignty。It can be said，The ban has become a certain extent that Western countries compete for jurisdiction in cross -national commercial disputes、Tools for expansion of judicial jurisdictions。

Maintain the country's major interests in international legal struggles，Strengthening Bet365 app download the right to speak in the global governance system，This requires overall planning for domestic rule of law and foreign countries related to the rule of law。At the level of rule of law，Reference to the British and American Law Department's Forbidden System，and based on the relevant judicial practice at home and abroad, build a ban system with Chinese characteristics。This is not only in line with my country's important areas to promote the law -related rule of law、Improving the requirements of foreign -related laws and regulations，It is also conducive to enhancing my country's right to speak and influence in the reform of international legal affairs and global governance systems。

First，The introduction of the ban on the socialist rule of law with Chinese characteristics is open、tolerance、Development requirements that keep pace with the times。The socialist rule of law system with Chinese characteristics has strong tolerance and openness，Pay attention to the beneficial experience of foreign legislation。​​Although my country's civil law system inherits the law system of the mainland，But this does not mean that all the systems of British and American law should be excluded。The difference between the law system does not constitute the fundamental obstacle of my country's absorption and reference for the ban.。In fact，The "Maritime Special Litigation Procedure Law" promulgated in 2000 has officially introduced the maritime compulsory order system that is very similar to the ban.。

Next，The banning system is in line with my country's current "judicial motivation"。Activating Justice is an inevitable choice for people's courts to serve the overall situation of economic and social development under the new situation。Able to move judicially requires courts at all levels to give full play to the positive role of being able to move the judiciary，Provide more powerful judicial guarantee for bet365 Play online games economic and social development。In foreign -related civil affairs lawsuits participated in Chinese parties，If the courts in our country can win the jurisdiction by issuing a prohibition order，This will help protect the legitimate rights and interests of our parties，"Going out" strategic escort for Chinese companies。

Last，The construction of the banning system has a basic system premise: inconvenient to court principles。The prohibition system and inconvenience of the court principles are the way to solve the international parallel lawsuit，Based on each other。Parallel lawsuit involves two or more different countries of different countries，Once one is determined, it is more convenient for courts，Other courts naturally belong to inconvenient courts。The latter shall be handed over to a more convenient court in accordance with the inconvenience of the court，The former can also compete for jurisdiction by issuing a ban.。In judicial practice，Unsurbing the court principles, in fact, have been recognized by the court in my country。More，The "Minutes of the National Maritime Trial Conference" promulgated in 2005 has clearly clarified the conditions that are inconvenient in court principles。In view of the integrated two -sided attributes between the banning system and the inconvenience of court principles，It is indispensable for my country to further introduce a ban on the court on the basis of inconvenience in the court.。

Specifically，In terms of legislative mode，The construction of my country's ban system should be used to learn from the "Restrictions Mode"。The ban is made by the judge based on the right of discretion，Under what situation, international unified standards can be issued in which situation can be issued，Generally, it can be summarized as two modes: liberal mode and restrictionism mode。"Liberal Mode" does not pay much attention to international rituals，bet365 Play online games Pay more attention to whether parallel lawsuits are oppressed。On the opposite，"Restriction Mode" emphasizes that a country should not interfere in a parallel lawsuit in a foreign country，Acknowledge the rationality of parallel lawsuits itself; only exceptions involving the preservation of exclusive jurisdiction or important public interests in domestic courts，The court can issue a prohibition order。Compared with，Restrictionism mode is more in line with the principles of international politeness，It can effectively reduce the negative effects of the judicial authority of the field courts，To avoid causing international disputes。In terms of institutional construction，When we absorb foreign and international law, we should be based on the actual situation of China。Article 54 of the International Private Law Demonstration Law provides experience in international law: the acceptance of my country's courts is first，or if you do not exercise the legitimate rights and interests of the parties in jurisdiction, you cannot be protected，The jurisdiction of the same litigation by the Chinese courts。The experience in domestic law comes from the behavior preservation system of Article 100 of the Civil Procedure Law in my country。This system is more similar to the ban on the British and American law systems，All the courts prohibit the other party from making certain behaviors。In Cumvonsen and Huawei confirmed that the patent rights and the necessary patent permit disputes are not infringed in the Cumvv Sen and Huawei，The Supreme People's Court made the first behavior of the "ban" nature of the intellectual property in my country to preserve civil rulings。

From this，In the early stages of the construction of the ban system，You can use the behavioral preservation system as the basis，Greed the scope of applicable，Exploring the Path of Judicial Practice in China。On the one hand，Bet365 app download If the controversial case belongs to the exclusive jurisdiction of my country's court，The parties to one party filed a lawsuit with the courts of other countries or the requirements of other third -party dispute resolution agencies，So，my country's courts based on the application of the other party or if necessary when necessary，It can take behavioral preservation measures to obstruct the exercise of the exclusive jurisdiction，Ordered "to make a certain behavior or forbid them to make certain behaviors"，is to withdraw the lawsuit or ruling filed by other national courts or third -party dispute resolution agencies。On the other hand，When an off -domain court issues a ban on a ban order to request Chinese parties to withdraw the prosecution in my country's courts or shall not implement the judgment of my country's courts，my country's courts can be based on the influence of comprehensive investigations on the impact of judicial sovereignty in my country and international judicial courtesy，Take behavioral preservation measures for the other party，Order to withdraw from the court in other countries to withdraw from the prohibition application。other，my country's courts can also be based on Article 276 and 282 of the Civil Procedure Law of my country，For violating my country's basic principles or national sovereignty、Security、Foreign judgment or ruling of public interest in social public interests，No assistance、Acknowledge and execute。

General Secretary Xi Jinping emphasized，"China goes to the world，Participate in international affairs with a responsible country，Must be good at using the rule of law。In the struggle foreign，We want to pick up legal weapons，Occupation of the height of the rule of law，Dare to go to the destroyer、Say no strolled "。Unreasonable forbidden prohibition issued from outside the domain court，my country must not adopt a negative attitude，Instead, the Bet365 app download other party's court should be revoked，To safeguard the legitimate rights and interests of our parties and our judicial dignity。At the national level，We should actively respond to the ban on the ban on out -of -domain courts。In parallel lawsuits, the jurisdiction of the case is not simply a judicial issue，Behind it reflects the game between the two parties at the national strategic level。Therefore，my country can express our opposition through diplomatic channels; it can also set up an organization that specifically respond to the ban to collect information、Consultation and negotiations、Provides the court with the work of responding to suggestions。At the judicial level，my country's courts can use the principles and restrictions of the prohibited order in the case to refuse the out -of -domain prohibition of litigation。With words，​​Facing the ban on the outbound court courts，Chinese courts can quote the "minimum connection principles", "legitimate legal procedure principles", "inconvenient court principles", "international courtesy principles" and other international law principles to fight against，Ask the other court to withdraw the ban on the ban，To safeguard the legitimate rights and interests of our parties and our judicial dignity。other，Consultation factors proposed by the Supreme People's Court，For example, "The respondent's impact of the impact of the judgment of the field court judgment on the Chinese court on China" "does not take behavioral preservation measures on whether the damage caused by the applicant is more than the damage caused by behavioral preservation measures to the respondent." "wait，It can also be used as a reason for rejection of the out -of -domain banning order。

What must be clear is，Not all foreign judgments or rulings，my country should refuse to admit。The reason why he refused to acknowledge the ban in some fields，It is because it lacks sufficient reasonableness。If the domain ban is based on the jurisdiction of bet365 best casino games the parties' agreement or the principle of the court of the court first，So according to the principle of international politeness，my country's court should recognize the effectiveness of foreign law。This is not the jurisdiction and the jurisdiction and，but the court on the basis of considering state relations and national interests，The self -constraints proactively carried out in order to achieve the international coordination of jurisdiction。

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