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Summary of Dr.He Qifang’s Lecture
发布者: 发布时间:2018-10-18 17:22阅读:

On the afternoon of April 20, 2010, Ms. He Jiafang, a doctor of law at Osaka University in Japan and teacher from Soochow University in Taiwan, gave a wonderful lecture titled “Legislation of International Jurisdiction in Japanese Civil Litigation Proving reference for Taiwan” in the School of Law 323. The lecture was presided over by Professor Guo Yujun, the Director of the Department of International Private Law and the doctoral tutor.

 

Dr. He first introduced the current situation of Japan's jurisdiction over international jurisdictions, pointing out that there is no specific international jurisdiction in Japan's current law. The legal profession has different opinions on the jurisdiction of international jurisdictions, while in the judgment practice, it is the judgement that is used to explain the problems of international jurisdiction. Therefore, the requirements for legislation governing international jurisdictions are very urgent. Dr. He then briefly introduced the current situation of Taiwan's jurisdiction over international jurisdictions. Taiwan also has no general rules for international jurisdiction, whose doctrine is similar to that of Japan. Today's judgment practice applies the domestic civil procedure law to handle international jurisdiction. The problem is that in the judicial practice of Taiwan, the "inconvenient court principle" also obtains the possibility of application.

 

Dr. He focused on the comparative analysis of the Japanese Civil Procedure Law, the latest review of the Legal Review Council and the Taiwan Civil Policy, and discussed the relevant provisions of the Civil Law with Professor Guo Yujun, Professor Song Lianbin and the students present. From the general issues of international jurisdiction, special jurisdiction, consensual jurisdiction, responding jurisdiction, jurisdictional merger and other general issues to the establishment of jurisdiction in special fields, Dr. He has combined the laws and regulations of the Civil Procedure Law of Japan, Taiwan and the mainland to compare and explain in detail and ask questions for everyone to think about. In particular, Japan's "special situation theory", litigation competition and emergency jurisdiction have been introduced and discussed in more details. Finally, Dr. He concluded that there are three major trends in the legislation of international jurisdiction: the clarification of the culture, the standard of judgment, and the integration of domestic legislation with international standards. Professor Guo Yujun spoke highly of Dr. He's lecture. Dr. He's lecture is very rich in content, and they are combined in a point-and-face manner. The interactive section have a good effect where the interpretation and questions about the mainland civil lawsuit have inspired many of you here. Finally, Dr. He, Professor Guo Yujun, and Professor Song Lianbin and the students had a heated discussion on some specific issues.