论间接国际民事诉讼管辖权.docxVIP

论间接国际民事诉讼管辖权 本科生毕业论文〔设计〕论文题目：姓名：学号：班级：年级：专业：学院：指导老师：完成时间：声明本毕业论文〔设计〕是在导师的指导下由本人独立撰写完成的，没有剽窃、抄袭、造假等违背道德、学术标准和其他侵权行为。对本论文〔设计〕的讨论做出重要奉献的个人和集体，均已在文中以明确方式标明。因本毕业论文〔设计〕引起的法律结果完全由本人担当。毕业论文〔设计〕成果归中南财经政法大学全部。特此声明。专业：法学学号：0604001436签名：论间接国际民事诉讼管辖权樊婧On Indirect Jurisdiction of International CivilProcedureFan Jing2010年月日AbstractJurisdiction is the key issue in international civil procedure. Indirect jurisdiction, which is to say, when a national court is to recognize or enforce a foreign judgment, it shall decide whether the foreign court has jurisdiction. It is inseparable with the recognition and enforcement of judgments. Being divided into five parts, this paper begins with the meaning and classification of jurisdiction in international civil litigation. The first part is an overview of indirect jurisdiction, the author compare indirect jurisdiction with direct jurisdiction to arrive at the conclusion that indirect jurisdiction has its separate values and significances. The second part introduces the four main legislative models of indirect jurisdiction and makes a comment on them, in order to lay the ground for the choice of legislative model in China, which will be discussed in the following part. The third part describes the practices of indirect jurisdiction in main countries of continental law system and common law system, which is the concretion and further of the second part. The last two parts are the emphases of the paper. The fourth part describes the legislation and practices of indirect jurisdiction on Private International Law and Interregional Law of Chinese in detail; in this way, we found the shortcomings of the indirect jurisdiction on Chinese legislation.In the last part, the author put forward her opinions about how to complement the indirect jurisdiction in China based on reasonable arguments. That is, with the development of economic globalization and the closely communication of international civil and commercial, Chinas relev