Improve China's foreign -related civil and commercial dispute solution system
January 13, 2023 09:05 Source: "China Social Sciences" January 13, 2023 Issue 2572 Author: Sun Shanghong

The territorial jurisdiction as the basic concept of adjusting the legal relations of cross -national commercial and commercial corporation,Permanently in the resolution of cross -national business disputes。But,With the increasingly extensive exchanges between the laws and commercial laws of multinational and civil and commercial,The territoriality of this law is questioned and restricted,A series of unified or coordinated rules from international and domestic legal levels came into being。especially,The focus of the country's jurisdiction of the legal rules is equally prominent。A country usually not only applies its laws to people in the domain、Event and behavior,Also seek applicable to outside the country,Have their own nationality、Residence、People who are accustomed to living homes,And also committed to applying its domestic legal rules to the in -situ -outreals,But legal acts or related legal relations that produce some consequences in the country。It can be said,As long as there is a legal relationship between cross -national commercial and commercial and commercial,,The legal conflict rooted in the level of legislative jurisdiction is inevitable。From this,The key is how to regulate and coordinate from the level Bet365 app download of legislative jurisdiction,The proposed system fully reflects the two aspects of domestic legal order and international legal order,and appropriately promote the legal rules system of cross -national commercial exchanges and disputes to solve demand。Conform to the needs of my country's foreign and commercial development and the right to safeguard the rights of the parties,Pay attention to the development and improvement of the rules system of civil and commercial disputes in foreign affairs,It should be the deserved meaning of the current overall planning to promote bet365 best casino games the rule of law and the rule of law from foreign countries。

Different from domestic civil bet365 live casino games and commercial disputes,Foreign -related civil and commercial disputes Solutions that the legal relationship involved in the laws itself itself,It must be associated with different countries or regions,And the qualitative identification of different countries or regions on legal relations、Right recognition and protection、Legislative policy and protection benefits、Dispute relief methods and procedures、Outreach Effect of the country's law,and foreign legislation、Differences in the scope and degree of approval and degree of administrative and judicial authority,It is inevitable to cause resistance and conflict。This kind of legislative jurisdiction of the elements and effects of sovereign power,,Further reflected as the exercise of legislative or judicial jurisdiction、Conflict and coordination,and the regulation and assistance of related procedures。How to the theory、Legislative and judicial practice,Explore the appropriate method path,Legal rules from China、Organic coordination of two levels at the two levels of foreign -related ourselves,Pursuing the valid disputes about the law of civil and commercial laws related to foreign -related civil and commercial、Fair、Reasonable solution,Become my country to enhance foreign -based and commercial exchanges,The only way to safeguard the national and foreign national rights and individual legitimate rights and interests。

Explore it,The logical thinking programs and methods of logical thinking and method paths that are adhered to in various countries are used to solve the dispute between cross -national business disputes,Basically established on the basis of the analysis of the field。The legal relationship and dispute facts related to cross -national commercial business,Combination with a specific land,Then, in accordance with the method recognized by the country, quote domestic foreign -related legal rules,Including legal rules in other countries or regions, referees related controversy。

From the perspective Bet365 app download of legislative jurisdiction,With the personnel、Cargo、Investment、Funds、Technology、Transportation、Energy、Biological、Network、Data and other jurisdictions of transnational flows occur more and more frequently,The independent existence and competition of legal rules of various countries or regions cannot be self -sea。Then,Out of protecting the legitimate rights and interests of domestic and foreign people,and enhance the consideration of practical needs such as the healthy development of the legal relations of cross -national business and the formation of good international order,Facing the opportunities and challenges brought by the era of globalization with an open and inclusive position,Different levels such as exercise from domestic legislative jurisdiction and international coordination,While protecting the basic rights and interests of the country,By incorporating interest analysis、Fair and reasonable、Determine effective、Gifts to make basic value concepts such as reciprocity,outside the domestic legal rules system,Construction of foreign -related legal rules system that can fully reflect the interaction of international civil and commercial exchanges and disputes to solve the demand,Become the basic fulcrum of the development and improvement of my country's foreign -related legal rules system at present。

or given a certain legal rules in China with certain external effects,or establish special legal rules to specifically adjust the legal relationship between civil and commercial and commercial and commercial affairs,Or through the agreed international treaty、Cited international practice and other methods to unify relevant legal rules from the international level、Coordination,It is a possible choice for a country to adjust the legal relationship between foreign -related civil and commercial and commercial and commercial.,It is a domestic domestic jurisdiction.、Two orientation of foreign -related ourselves,Overall should be unified under the regulations of the relevant foreign -related legal rules and rules and rules。

Logical interpretation process analysis from foreign -related civil bet365 live casino games and commercial disputes,About domestic、Applicable to the rules of foreign -related legal rules,First of all, the choice of the parties' choice of dispute solution,and the determination of judicial jurisdiction。The exercise of the judicial jurisdiction of the authorities of the case,Provide platforms and paths for the solution of the relevant foreign -related civil and commercial disputes,Make domestic、Foreign -related legal specifications may be applicable to people outside the territory、object、Event and behavior。Usually it can be said,Determination and exercise of judicial jurisdiction,Prerequisites for the resolution of foreign -related civil and commercial disputes。Selection of the parties on the dispute solution,The play of determining the subjective initiative of jurisdiction,and the proposal of related rights and interests and claims of litigation,Actually directly restrict the procedure arrangement of cross -national business disputes、Citation of conflict specifications and the solution of the law applicable to law。The parties' jurisdiction on the referee methods and referee jurisdictions,Especially the choice of judicial jurisdiction,Not only choosing a certain controversial solution or disputed solution place,and I chose to include the land program specifications of the court of case、A whole set of legal systems including the application of law。Procedural guarantee resolved in dispute,Determination and judgment of the results of the referee,and the maintenance of the fairness of conflict and fairness of the case are all greatly influenced by jurisdiction。

Inquiry from the analysis of the site and the logical thinking framework,Whether it is about domestic、Construction of the rules of foreign -related legal rules,Or the solution of specific disputes,All need to be established on the basis of a healthy judicial jurisdiction.。Analysis of the perspective of judicial jurisdiction function,Determination of judicial jurisdiction in foreign -related civil and commercial disputes cases,Not only the entry point and logic starting point of the analysis path of foreign -related civil and commercial legal bet365 live casino games relations,It will also be related to the country、Foreign -related legal rules are incorporated into the fusion connection point under the same legal framework system。In terms of specific disputes in foreign -related civil and commercial affairs,About domestic、Coordination and coordination of legal rules of foreign -related laws,No longer staying at the level of abstract rules,Instead, it is vividly reflected in the adjustment and dispute resolution of foreign -related civil and commercial laws。

my country is currently used to resolve the dispute between civil and commercial affairs in foreign countries,In addition to the "Application Law of Civil Relations of Foreign Foreign Affairs",Other relevant rules are scattered in relevant legislative regulations such as the Civil Procedure Law, "Sea Commercial Law", "Bill Law" and "Civil Aviation Law",Lack of systematic legislative regulations。

Based on system function play and systematic consideration,Targeting the legal rules of procedure with systematic foreign -related civil bet365 live casino games and commercial disputes,Determine exercise on jurisdiction、Law selection applicable、Delivery evidence、Temporary preservation measures,Outreach effects applicable to the government、The recognition and execution of the judgment systematically stipulates,Not only can ensure the orderly operation of the analysis of the venues of cross -national commercial disputes,It also helps realize the realization of conflict conflicts at the international level and the realization of controversy such as cases and justice,Eventually ensure the certainty of the consequences of the dispute solution。This kind of focus on the domain、Delivery of legal effect on out -of -domains,Domestic、Different from the origin of foreign -related law,and foreign -related civil and commercial dispute solutions procedure rules and legal selection rules have the preferred priority,Dedicated to the Foreign and Commercial Dispute Solutions Code with Foreign and Commercial Disputes in Foreign and Commercial Disputes in Foreign and Commercial Disputes,It is undoubtedly the ideal choice of my country's overall planning to promote domestic rule of law and foreign law -related rule of law。

bet365 live casino games In terms of systematic legislation function,,Compared with foreign -related civil and commercial disputes to resolve legislation,First of all, we should pay attention to the basic propositions of legal regulations on regional effectiveness and regulation and location analysis process。In terms of legislative technology,Not only should I not only dig in depth the current status and development and development of legislation and procedure legislation and related practice at home and abroad,It should also fully reflect the impact and challenge brought by new type of judicial practice for the solution of disputes。For the specific method path,Based on the legislative achievements of the current "Law of the Law of Foreign Affairs Civil Relations" and the latest legislative development trend of the international community,Jurisdiction and exemption, respectively、Conflict and coordination of jurisdiction,Law applicable method path path and conflict specification,Cross -border delivery、evidence、Temporary preservation measures,Disputes of the recognition and execution of the judgment solve the relevant rules and systematically regulate and coordinate。While the system builds a rules system for the settlement of the legal relationship between the foreign -related civil and commercial legal relations,Based on the needs of the era of domestic and foreign rule of law,Conform to the development of international and business legal relations in foreign countries and the legal relationship between the people and business affairs and the solution to the solution of disputes,Extra -field validity for legal applications and disputes to solve legal norms、Play of the subjective initiative of the parties、Convergence and coordination of domestic and foreign legal rules、Applicable to the rules of public legal、Internet legal relationship、Personal Privacy and Data Rights Maintenance、Cross -border data flow、New Technology Intellectual Property、Improper competition、Temporary preservation measures、Group litigation、The determination and attribution of the status of the parties、Bet365 app download Delivery and other related issues of judgment gives high degree of attention。

(This article is the National Social Science Foundation General Project "Research on the Research and Practical Issues of Transnational infringement disputes to solve major theory and practice issues" (17BFX194) phased results)

(The author is a professor at the School of International Law, Northwest University of Political Science and Law)

Editor in charge: Changchang
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