On the Deviation of the Theoretical Basis of China's International Civil Action Jurisdiction and Its Correction——With Comments on the Amendment of the Civil Procedure Law
- 法学院－已发表论文 
国际民事诉讼管辖权理论主要有人身关系理论、权力理论和公平理论。中国《民事诉讼法》有关国际民事诉讼管辖的规定主要体现了权力理论,而对公平理论则较少关注。因此,在《民事诉讼法》的修改过程中,应规范立法术语,明确区分国际民事诉讼管辖权和国内民事诉讼管辖权,并在国际民事诉讼管辖权条文的设计中充分体现公平理论。The theory of international civil action jurisdiction mainly consists of personal relationship theory, power theory and equity theory. Along with the development of society, personal relationship theory faded out of the history stage gradually, while power theory was quite popular in the international society after the emergence of sovereign state, manifesting the character of territoriality. Equity theory appeared in recent several decades. It pays more attention to the relations between litigant, basic dispute and state of the forum. The stipulations about international civic action jurisdiction of China's Civil Procedure Law mainly embody power theory and pay little attention to equity theory. So, in the amendment of the Civil Procedure Law, legislation terminology should be standardized, international civil action jurisdiction should be clearly distinguished from domestic civil action jurisdiction and equity theory should be fully expressed in the drafting of the legal clauses of international civil action jurisdiction.