试论国际民事专属管辖权的范围

The Scope of Civil Law Exclusive Jurisdiction

大陆法系国家通常规定国家租赁、法人破产、涉及因内国登记而发生的诉讼和内国国民的身份关系的涉外民事案件属于国家专属管辖权的范围 ;英美法系国家对当事人选择管辖法院的制度即协议管辖制度持肯定的态度 ,对专属管辖的规定反而不多。

The author has summarized the scope of civil law exclusive jurisdiction, and includes the various major constitutional law reaches the relation about the regulation to civil law exclusive jurisdiction and introduce the concerned regulation of international treaty. Continent law system nation usually regard nation leasing, artificial person's bankruptcy and involving registered in the interior country affairs and the social status of interior country concerning foreign civil case as the scope of the exclusive jurisdiction. The system of Britain nation is approached to the protocol that party can select court of justice. On the contrary, they don have too many to the regulation to exclusive judgement.