On The Values Of The New Orientation Of The Transnational Civil And Commercial Jurisdiction

Transnational civil and commercial jurisdiction means that a court has the qualification to exercise jurisdiction over the foreign related civil and commercial cases. Values orientation of the transnational civil and commercial jurisdiction refers to a kind of sequence and choice of the related legal values which is done by the legislators in the development and coordination of cross-border jurisdiction in civil and commercial rules. Seeking to maximize party autonomy in the traditional area of transnational civil and commercial jurisdiction is a necessary requirement of the convergence of the private international law and also the only way to coordinate the conflict of transnational civil and commercial jurisdiction. But due to the too conservative and narrow-minded values orientation of the transnational civil and commercial jurisdiction that is established by the domestic legislation, the institution and values orientation of the transnational civil and commercial jurisdiction gets derailed the reality of transnational civil and commercial contacts. Therefore, research on the values of the new orientation of the transnational civil and commercial jurisdiction has theoretical value and system meaning.The first chapter of the thesis explores the general theory of values orientation of the transnational civil and commercial jurisdiction, which has the static analysis of its connotation and its historical development, and the comprehensive review on the civil and commercial jurisdiction's recent values orientation and its problems. Among expounding the preserved values of the civil and commercial jurisdiction, this chapter from the jurisprudence perspective of law's values and its hierarchy discusses the impact on the preserved and real values orientation of the civil and commercial jurisdiction which is produced by the law's general values, making the article has sufficient legal basis. The second chapter of the thesis expounds the content of the values of the new orientation and its institution basis-agreed jurisdiction. Besides, from the inevitable trend of the convergence of private international law and liberalization of international trade, it proves that the establishment of the values of the new orientation has necessity and rationality between the competition of the public power and private right in the field of international private law. Basing on the existing international regional and country-specific legislation, the third chapter assesses the international community's different reaction to the values of the new orientation, which proves that the agreed jurisdiction has been affirmed by the international community, but it also points out the conservative application of the agreed jurisdiction and its root causes at the same time. The fourth chapter discusses to reform the recent jurisdiction system in China with the values of the new orientation of the transnational civil and commercial jurisdiction, and interprets China's new concept of foreign-related civil and commercial jurisdiction.