A Comparative Study On Parallel Proceedings Between US And China

International parallel proceedings are common problems in international civil litigation, which have close relationship with the positive conflict of jurisdiction from different countries and the action of forum shopping of parties. International parallel proceedings can make the parties conveniently and freely to choose the court based on consideration of their own interests and supply necessary judicial remedy, but it also impairs judicial efficiency, judicial system, application of foreign law, international judicial assistance, and so on. Specially, it gets the mutual recognition and enforcement of the decision into trouble.The paper mainly studies parallel proceedings in international civil litigation with comparative method from a perspective of US. The whole paper includes five chapters.In Chapter One, the paper firstly gives the definition of international parallel proceedings, classifies international parallel proceedings. And then, it probes the social and legal reasons resulting in international parallel proceedings, points out its reasonableness and its various legal troubles. The part of the paper makes a general study on international parallel proceedings.In Chapter Two, the paper mainly introduces and comments American legal systems and judicial practices on tackling international parallel proceedings, and points out its reasonableness and shortcomings. The paper tries hard to find more reasonable ways and means to solve international parallel proceedings by these basic studies on US, in order to push the concerning legal systems of international society and our country forward.In Chapter Three, Four and Six, the paper puts emphasis on introducing our country's legal system, judicial practices, and the bilateral treaties on regulating international parallel proceedings. Based on these studies, the paper provides the Chinese oriented legislative choices on solving international parallel proceedings: properly establishing the standard of the jurisdiction in international civil litigation, insisting on the coordination of jurisdiction in international civil litigation, carefully applying the principle of "non-convenient forum" and stipulating the standard of the contractual jurisdiction. The legislative suggestions are put forward on Chinese inter-regional parallel proceedings in the light of the social present of "one country, four regions" and different legal system and background.Based on discuss of the whole paper, the conclusion can be taken: it is by the joint efforts of international community that international parallel proceedings are to be solved. On the prerequisites of international comity, self-constraint of jurisdiction, the application of "non-convenient forum", stipulating contractual jurisdiction, and establishing the principle of the closest connection, we can make a universally recognized unite stipulation or convention, in order to completely prevent the problems of wasting judicial resources, making the decisions in contradiction from international parallel proceedings.