涉外海事诉讼管辖的理论和实践.pdf

ABSTRACT At present．iust and benefit of administration of iustice are becoming the current issue．The procedure iust retiects and ensures the iust of administration of justice importantly Therefore，pay at【ention to ensuring and promoting the entity to be just with the procedure，independent value of procedure particulady．Moreover, market economy,as regards its essence．is economy governed by Iaw,bene讯and efficiency economy．Strengthen the jdea of Jawsuit benefit，realize the justice with the Iowest cost and lnvest the entity right of realizing the party with the minimum Iawsuit input so that the research and pedection of the procedure are Mery important．Maritime iurisdiction concerning foreign—related affairs is the precondition of handling the maritime affaim case in relation to foreign-related affairs．playing an outstanding role in iust of procedure and concerning the application of substantive Iaw．It couId have influence on the case result and partys legitimate rights and interests．So it is very essentiaI to strengthen the study on svstem of maritime iurisdiction conceming foreign．related affairs judsdiction． In order to study the system of maritime iurisdiction from the theory and practice，this thesis uses the method ceeding with theory and combining the concrete case to analyse it overalI and systematically．Having compared the current situation and theory about the systern of maritime iurisdiction concerning foreign—related affairs iurisdiction under common law and continent Iaw, collected a great deal of relevant regulations of inle!mational convention and treaty, this thesis could offer the feasible theoretical foundation legislation and administration of iustice，and put forward courttermeasures to the problem that faces in practice． The fu¨text divides into 3 chapters altogether． The first chapter is the outline of maritime iurisdiction concerning foreign—related affairs，involving the concept，meaning and characteristic．1t also contains the principle of fixing the