國立虎尾科技大學 |

The Comparative Study of Interregional Civil Litigation Property Preservation among Mainland China, Hong Kong and Macau = = 中國三法域區際財產保全程序的比較研究.

紀錄類型:	書目-語言資料,手稿 : Monograph/item
正題名/作者:	The Comparative Study of Interregional Civil Litigation Property Preservation among Mainland China, Hong Kong and Macau =/
其他題名:	中國三法域區際財產保全程序的比較研究.
其他題名:	Zhongguo san fa yu qu ji cai chan bao quan cheng xu de bi jiao yan jiu.
作者:	He, Zhiyun.
面頁冊數:	1 online resource (453 pages)
附註:	Source: Dissertations Abstracts International, Volume: 84-01, Section: A.
Contained By:	Dissertations Abstracts International84-01A.
標題:	Asian studies. -
電子資源:	click for full text (PQDT)
ISBN:	9798834028598

The Comparative Study of Interregional Civil Litigation Property Preservation among Mainland China, Hong Kong and Macau = = 中國三法域區際財產保全程序的比較研究.
He, Zhiyun.

The Comparative Study of Interregional Civil Litigation Property Preservation among Mainland China, Hong Kong and Macau =中國三法域區際財產保全程序的比較研究.Zhongguo san fa yu qu ji cai chan bao quan cheng xu de bi jiao yan jiu. - 1 online resource (453 pages)

Source: Dissertations Abstracts International, Volume: 84-01, Section: A.

Thesis (Ph.D.)--University of Macau, 2021.

Includes bibliographical references

The subject of this thesis is a comparative study of property preservationprocedures that applied in interregional civil cases and interregional civil judicialassistance among the courts of Chinese three law districts,Based on the theory ofinterregional private law, the author puts forward the theory of separation ofsubstantive jurisdiction, enforced jurisdiction and property preservation procedurejurisdiction, as well as the theory of jurisdiction of attachment,The author calls thecourt that exercises jurisdiction over the substantive judgment procedure of civilcases the Substantive Judgment Court, the court that exercises jurisdiction overenforcing the civil judgment, arbitral award and other legal documents is calledEnforced Court, the court that exercises jurisdiction over property preservation rulingprocedure is called Property Preservation Ruling Court, the court that exercises thejurisdiction of attachment is called Courtof Attachment, Courts in the Chinese threelaw districts have realized reciprocal recognition and enforcement of interregionalcivil judgments (in part) and arbitration awards, reciprocal entrustment and service ofcivil judicial documents, as well as reciprocal entrustment of investigation andcollection of civil evidences, even reciprocal assistance in property preservation ininterregional arbitral procedures (in part),However, it is completely unable to achieveinterregional civil litigation reciprocal assistance in property preservation andinterregional reciprocal recognition and enforcement of the rulings and orders ofproperty preservation,There are two issues,The first is whether the effectivesubstantive judgment made by the foreign substantivecourt, after assistedforeignsubstantivecourt to take property preservation measures by local propertyprecervation ruling court, the substantive judgment can be recognized and enforcedby the local property preservation ruling court in the future,The second is whether the effective substantive judgment made by the local substantivejudgment court, afterthe court took property preservation measures against the defendant or the preservedparty's property outside the jurisdiction, the substantive judgment can be recognizedand enforced by the foreign property precervation ruling courtin the future,Thesetwoissues are uncertain both in theory and in practice, Therefore, the courts intheChinese three law districts cannot realize the free-flowing of rulings and ordersofinterregional property preservation, nor can they fully realize reciprocal assistanceinproperty preservation, nor can they reach interregional civil judicial assistancearrangement in the field of property preservation,The reason behind themis thatthere are many interregional legal conflicts among Chinese three lawdistricts,Inorder to find out the reasons, the author discusses the meanings of interregional civilcases, interregional judicial assistance in civil cases and interregional propertypreservation procedures through comparative studies, to demonstrates howthe courtsin Chinese three law districts applied interregional property preservation procedurescontent and mode, the conclusion is that Mainland China courts belongtotheconservativeness, the Hong Kong SAR courts belong to open, the Macao SARcourtsbelong to relatively open,Interregional conflicts of law lead to conflicts intheinterregional property preservation procedures applied by courts in the Chinesethreelaw districts, including the conflicts of interregional civil jurisdictions, the conflictsof the examination and approval procedure of interregional property preservation, theconflicts of the enforced procedure of interregional property preservation, andtheconflicts of the objection procedure of interregional property preservation, Inorder tofind a solution, the author investigates the multiple jurisdictions countries andfederalcountries such as UK and US, to learn their specific practices in resolvingtheconflicts of interregional property preservation procedures, At the same time, by studying the EU, the HCCH, the UNCITRAL, the CMI&IMO and so on, to learntheir specific practices in resolving the conflicts of transnational propertypreservation procedures between member states and contracting states, Theexperiences can be used as a reference to solve the conflicts in Chinese interregionalproperty preservation procedures,The author presentsthe solutions of interregionalconflicts of property preservation procedures in China, the idea of author is tothrough bold innovation absorbing reasonable experiences of other countries, otherregions and international organizations, and put up with the project which hasChinese characteristics to solve the problems of interregional conflict of propertypreservation procedures in China, and to fill in the field of property preservation ofinterregional civil judicial assistance,The author thinks that it is necessary to make anoverall plan, choose the most suitable and feasible solution path, and pay attention tothe implementation step by step according to the principle of first easy, then difficultand step by step,It is necessary to apply the principles of international private lawflexibly in the field of interregional private law, and to actively coordinate thenational reform and opening up and the overall situation of the Two Centenary Goals, Therefore, the system and scheme design proposed by the author include that thecourts of the Chinese three law districts all recognize the procedural jurisdiction ofinterregional property preservation as a relatively independent proceduraljurisdiction,The courts in the Chinese three law districts must apply the local lawfairly when adopting property preservation measures,The courts in the Chinese threelaw districts have unified the examining and deciding standards for theextraterritorial enforcement of property preservation measures,Courts in the Chinesethree law districts have unanimously recognized the jurisdiction of attachment,On thepremise of realizing the above goals, the Chinese three law districts can promote the interregional arbitration cases and interregional civil cases under the jurisdictionagreement in two steps, and reached the interregional civil judicial assistancearrangement of reciprocal assistance in property preservation acrossjurisdictions,Next to facilitate the interregional civil judicial assistance arrangementsthat over the comprehensive property preservation procedures in the courtsofChinese three law districts,After these goals had been successfully realized, theauthor puts forward a more long-term goal is about to the field of interregionalprivate law and interregional judicial assistance, to develop a comprehensivelegislative interpretation of interregional judicial assistance through the centrallegislature, namely the Standing Committee of the National People's Congress, inorder to solve the problems of interregional legal conflicts fromthe source, Thus, itpaves the way for the free-flowing of the rulings and orders of interregional propertypreservation among the Chinese three law districts, and promotes the long-termgoalof reciprocal recognition and enforcement of all civil and commercial case judgments, arbitration awards, preservation rulings and orders, as well as other legal documentswith enforced contents among Chinese three law districts.

Electronic reproduction.
Ann Arbor, Mich. :
ProQuest,
2024

Mode of access: World Wide Web

ISBN: 9798834028598Subjects--Topical Terms:

1179577
Asian studies.
Subjects--Index Terms:

Chinese Three Law DistrictsIndex Terms--Genre/Form:

554714
Electronic books.

The Comparative Study of Interregional Civil Litigation Property Preservation among Mainland China, Hong Kong and Macau = = 中國三法域區際財產保全程序的比較研究.
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520 $a The subject of this thesis is a comparative study of property preservationprocedures that applied in interregional civil cases and interregional civil judicialassistance among the courts of Chinese three law districts,Based on the theory ofinterregional private law, the author puts forward the theory of separation ofsubstantive jurisdiction, enforced jurisdiction and property preservation procedurejurisdiction, as well as the theory of jurisdiction of attachment,The author calls thecourt that exercises jurisdiction over the substantive judgment procedure of civilcases the Substantive Judgment Court, the court that exercises jurisdiction overenforcing the civil judgment, arbitral award and other legal documents is calledEnforced Court, the court that exercises jurisdiction over property preservation rulingprocedure is called Property Preservation Ruling Court, the court that exercises thejurisdiction of attachment is called Courtof Attachment, Courts in the Chinese threelaw districts have realized reciprocal recognition and enforcement of interregionalcivil judgments (in part) and arbitration awards, reciprocal entrustment and service ofcivil judicial documents, as well as reciprocal entrustment of investigation andcollection of civil evidences, even reciprocal assistance in property preservation ininterregional arbitral procedures (in part),However, it is completely unable to achieveinterregional civil litigation reciprocal assistance in property preservation andinterregional reciprocal recognition and enforcement of the rulings and orders ofproperty preservation,There are two issues,The first is whether the effectivesubstantive judgment made by the foreign substantivecourt, after assistedforeignsubstantivecourt to take property preservation measures by local propertyprecervation ruling court, the substantive judgment can be recognized and enforcedby the local property preservation ruling court in the future,The second is whether the effective substantive judgment made by the local substantivejudgment court, afterthe court took property preservation measures against the defendant or the preservedparty's property outside the jurisdiction, the substantive judgment can be recognizedand enforced by the foreign property precervation ruling courtin the future,Thesetwoissues are uncertain both in theory and in practice, Therefore, the courts intheChinese three law districts cannot realize the free-flowing of rulings and ordersofinterregional property preservation, nor can they fully realize reciprocal assistanceinproperty preservation, nor can they reach interregional civil judicial assistancearrangement in the field of property preservation,The reason behind themis thatthere are many interregional legal conflicts among Chinese three lawdistricts,Inorder to find out the reasons, the author discusses the meanings of interregional civilcases, interregional judicial assistance in civil cases and interregional propertypreservation procedures through comparative studies, to demonstrates howthe courtsin Chinese three law districts applied interregional property preservation procedurescontent and mode, the conclusion is that Mainland China courts belongtotheconservativeness, the Hong Kong SAR courts belong to open, the Macao SARcourtsbelong to relatively open,Interregional conflicts of law lead to conflicts intheinterregional property preservation procedures applied by courts in the Chinesethreelaw districts, including the conflicts of interregional civil jurisdictions, the conflictsof the examination and approval procedure of interregional property preservation, theconflicts of the enforced procedure of interregional property preservation, andtheconflicts of the objection procedure of interregional property preservation, Inorder tofind a solution, the author investigates the multiple jurisdictions countries andfederalcountries such as UK and US, to learn their specific practices in resolvingtheconflicts of interregional property preservation procedures, At the same time, by studying the EU, the HCCH, the UNCITRAL, the CMI&IMO and so on, to learntheir specific practices in resolving the conflicts of transnational propertypreservation procedures between member states and contracting states, Theexperiences can be used as a reference to solve the conflicts in Chinese interregionalproperty preservation procedures,The author presentsthe solutions of interregionalconflicts of property preservation procedures in China, the idea of author is tothrough bold innovation absorbing reasonable experiences of other countries, otherregions and international organizations, and put up with the project which hasChinese characteristics to solve the problems of interregional conflict of propertypreservation procedures in China, and to fill in the field of property preservation ofinterregional civil judicial assistance,The author thinks that it is necessary to make anoverall plan, choose the most suitable and feasible solution path, and pay attention tothe implementation step by step according to the principle of first easy, then difficultand step by step,It is necessary to apply the principles of international private lawflexibly in the field of interregional private law, and to actively coordinate thenational reform and opening up and the overall situation of the Two Centenary Goals, Therefore, the system and scheme design proposed by the author include that thecourts of the Chinese three law districts all recognize the procedural jurisdiction ofinterregional property preservation as a relatively independent proceduraljurisdiction,The courts in the Chinese three law districts must apply the local lawfairly when adopting property preservation measures,The courts in the Chinese threelaw districts have unified the examining and deciding standards for theextraterritorial enforcement of property preservation measures,Courts in the Chinesethree law districts have unanimously recognized the jurisdiction of attachment,On thepremise of realizing the above goals, the Chinese three law districts can promote the interregional arbitration cases and interregional civil cases under the jurisdictionagreement in two steps, and reached the interregional civil judicial assistancearrangement of reciprocal assistance in property preservation acrossjurisdictions,Next to facilitate the interregional civil judicial assistance arrangementsthat over the comprehensive property preservation procedures in the courtsofChinese three law districts,After these goals had been successfully realized, theauthor puts forward a more long-term goal is about to the field of interregionalprivate law and interregional judicial assistance, to develop a comprehensivelegislative interpretation of interregional judicial assistance through the centrallegislature, namely the Standing Committee of the National People's Congress, inorder to solve the problems of interregional legal conflicts fromthe source, Thus, itpaves the way for the free-flowing of the rulings and orders of interregional propertypreservation among the Chinese three law districts, and promotes the long-termgoalof reciprocal recognition and enforcement of all civil and commercial case judgments, arbitration awards, preservation rulings and orders, as well as other legal documentswith enforced contents among Chinese three law districts.
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