我国涉外民事诉讼管辖权若干问题评析

An Analysis of Certain Questions about the Jurisdiction of Civil Lawsuit Concerning Foreign Affairs or Foreign Nations in Our Country

以国际私法制度新发展为背景,以新的司法理念、诉讼价值为基础重新审视我国涉外民事诉讼管辖权制度,审视并评议我国涉外民事诉讼管辖权的协调原则、当事人协议管辖的适用条件、被告所在地管辖规则。

Being set in the new development of international private law system and based on the new judicature principles and lawsuit value,this paper reexamines closely the system of the jurisdiction of civil lawsuit concernig foreign affairs or foreign nations in our country.It proposes that the harmonious principles of the jurisdiction of civil lawsuit concerning foreign affairs or foreign nations in our country should be strengthened,and that the applicable conditions for agreed jurisdiction of the litigants should be widened,and that the jurisdiction rules of the seat of the defendant property should be reasonably limited.