跨国民事诉讼中临时性救济问题研究——兼论“一带一路”视角下临时性救济制度的构建
发布时间：2018-11-18 11:53
【摘要】：深化各国间的司法合作能够为"一带一路"建设保驾护航,临时性救济制度是国际司法合作的重要内容。临时性救济制度的一般功能是保障本案诉讼的实效性,为了最大限度地发挥这一功能,应当赋予本案诉讼的管辖法院对临时性救济事项的管辖权。但是,在经济全球化时代,临时性救济所要执行的债务人财产或行为,可能分布在不同的国家,只有承认本案诉讼管辖法院作出的临时性救济法律文书具有多域效力,才能实现临时性救济对本案诉讼的辅助作用。此外,因为临时性救济具有紧急性特征,与案件有一定联系的非本案诉讼管辖法院,也应当直接享有对临时性救济的管辖权。"一带一路"沿线国家分属不同的法系,所涉事项适用的法律类型多样,因此,"一带一路"视角下的临时性救济制度也具有特殊性,应从多层面构建。
[Abstract]:Deepening judicial cooperation among countries can guarantee the construction of Belt and Road, and temporary relief system is an important part of international judicial cooperation. The general function of the temporary relief system is to ensure the effectiveness of the lawsuit in this case. In order to exert this function to the maximum extent, the jurisdiction of the court of jurisdiction over the matter of temporary relief should be given to the lawsuit in this case. However, in the era of economic globalization, the property or acts of the debtor to be executed by temporary relief may be distributed in different countries, and only the legal instruments of temporary relief made by the court in the jurisdiction of the suit in this case have multi-territorial effects. In order to realize the temporary relief to the case litigation auxiliary role. In addition, because interim relief is of an urgent nature, the courts that are not competent to act in the present case, which have some connection with the case, should also have direct jurisdiction over the interim relief. " The countries along Belt and Road belong to different legal systems, and the types of laws involved are various. Therefore, the temporary relief system from the perspective of Belt and Road also has its particularity, which should be constructed from many aspects.
【作者单位】： 中国人民大学;
【基金】：国家社会科学基金项目“民事诉讼重复起诉规制问题研究”(16BFX081),负责人许尚豪
【分类号】：D997.3
，
本文编号：2339971
[Abstract]:Deepening judicial cooperation among countries can guarantee the construction of Belt and Road, and temporary relief system is an important part of international judicial cooperation. The general function of the temporary relief system is to ensure the effectiveness of the lawsuit in this case. In order to exert this function to the maximum extent, the jurisdiction of the court of jurisdiction over the matter of temporary relief should be given to the lawsuit in this case. However, in the era of economic globalization, the property or acts of the debtor to be executed by temporary relief may be distributed in different countries, and only the legal instruments of temporary relief made by the court in the jurisdiction of the suit in this case have multi-territorial effects. In order to realize the temporary relief to the case litigation auxiliary role. In addition, because interim relief is of an urgent nature, the courts that are not competent to act in the present case, which have some connection with the case, should also have direct jurisdiction over the interim relief. " The countries along Belt and Road belong to different legal systems, and the types of laws involved are various. Therefore, the temporary relief system from the perspective of Belt and Road also has its particularity, which should be constructed from many aspects.
【作者单位】： 中国人民大学;
【基金】：国家社会科学基金项目“民事诉讼重复起诉规制问题研究”(16BFX081),负责人许尚豪
【分类号】：D997.3
，
本文编号：2339971
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