以“王道”观世界——读《中国思想下的全球化管辖规则》有感

Observing the World by the Ideology of "Heavenly Beneficence" ——A Brief Review of the Globalization of Jurisdiction Rules under the Chinese Philosophy

中国台湾地区著名法学家陈隆修教授所著的《中国思想下的全球化管辖规则》,是一本以中国哲学中的所谓"王道"思想来检讨两大法系国际民商事管辖权规则的专著,对西方主要国家崇尚的管辖权理论和实践进行了较为全面和深刻的剖析。对于协议管辖、外国禁诉令的承认、管辖权与判决承认和执行之关系、管辖权逻辑一致性与个案实质正义的关系等问题,该书以"王道"思想为立论依据,揭示西方国家关于这些问题的法律制度之本质,提出全球化管辖规则的应然格局应以追求个案正义为理想目标。为此,我们在学习和借鉴人类优秀法治成果时,对于他国的法律制度及实践,应有客观且清醒之认识。

The Globalization of Jurisdiction Rules under the Chinese Philosophy,written by Chen Longxiu who is a famous jurist in Taiwan,China,is a treatise which reviews the international civil and commercial jurisdiction rules both in civil and common legal system on the basis of Chinese Philosophy of which is called the 'Heavenly Beneficence'.It gives a comprehensive and profound analysis on the theories and practices of jurisdiction which are advocated by major western countries.Based on the ideology of ' Heavenly Beneficence',the book mentioned above reveals the essence of some legal issues in western countries such as the agreement of jurisdiction,the recognition of foreign anti-suit injunction,the relationship between the jurisdiction and the recognition and enforcement of foreign judgments,as well as the relationship between the logical consistency of jurisdiction and the individual justice.It also presents that the ideal pattern of the globalization of jurisdiction rules ought to regard the individual justice as the ideal goal.Therefore,while learning and absorbing the outstanding legal achievements of human kind,we should have an objective and sober understanding on the legal systems and practices of other countries.