The Study On Long Arm Jurisdiction In American Civil Litigation

The long arm jurisdiction in American civil procedure is a specific civil procedure jurisdiction system born in American case law,which is totally different from the concept of "long arm jurisdiction" in the field of political diplomacy.In recent years,with the prevalence of unilateralism in the United States and the intensification of trade friction between China and the United States,the term "long arm jurisdiction" frequently appears in our country’s news reports.The long arm jurisdiction here is actually an extraterritorial jurisdiction,not the long arm jurisdiction in the civil litigation of the United States discussed in this paper.Therefore,this paper hopes to return to the Civil Procedure Law of the United States,and to clarify the concept of long arm jurisdiction and the formation and development history of the system by analyzing the typical cases of the Supreme Court of the federal.Based on the analysis of the relevant domestic and foreign literature,the theoretical basis and applicable standards of the long arm jurisdiction are studied.Finally,the reference significance of the long arm jurisdiction system in the United States for the civil litigation jurisdiction system in China is analyzed.The first chapter of this paper introduces the long arm jurisdiction,which is a kind of special jurisdiction of the United States civil litigation,and combs the formation and development history of the jurisdiction of the long arm,defines the research object of this paper,and lays a foundation for the further research of the later article.The second chapter analyzes the limitation conditions of the jurisdiction of the long arm in the United States,which are mainly restricted by two conditions: first,the authorization of the "long arm regulations" of the states of the United States is required;the second is to meet the principle of due process in the constitution of the United States,including the principle of substantive connection and rationality,and the reasonable delivery of the procedure.In addition,if the defendant believes that the exercise of jurisdiction will cause great inconvenience to it,the defendant may also invoke the principle of inconvenient court to defend it.These conditions limit the discretion of judges in exercising jurisdiction,which makes the application of long arm jurisdiction more fair and reasonable.The third chapter discusses the types of cases and the specific standards in the case.Based on the unique case law culture in the United States,the application standards of the long arm jurisdiction are constantly developed and perfected in the American case.The application standard of the Supreme Court judge to the long arm jurisdiction is discussed and explored constantly.It can be said that the establishment of the application standard of the long arm jurisdiction is the accumulation of judge experience.Chapter four evaluates the long arm jurisdiction of the United States and analyzes the reference significance of the long arm jurisdiction of the United States to the jurisdiction of civil litigation in China.Because of the flexibility and uncertainty of the principle of "minimum contacts",the long arm jurisdiction has expanded the discretion of judges while handling cases flexibly.China can learn from this flexible standard of long arm jurisdiction,introduce the principle of connection and rationality,and improve the foreign-related civil jurisdiction system.The research on long arm jurisdiction should return to the case law and civil procedure jurisdiction system of the United States,and objectively and comprehensively analyze it.The long arm jurisdiction system is constantly improving,and its application in case is fair and reasonable.However,due to the inherent defect of the fuzziness of "minimum connection",the jurisdiction of the court has been expanded in fact,and there is a possibility of abuse,which needs to be restricted when it is applied.