Progress and Limitation of China's Foreign-related Civil and Commercial Jurisdiction Procedure

Abstract

With the developing of economic globalization and the expansion of China's opening to the outside world, Chinese enterprises are becoming more active in cross-border transactions, and the number of disputes is increasing at the same time. In 2022, China released Provisions of the Supreme People's Court on Several Issues concerning Jurisdiction over Foreign-related Civil and Commercial Cases and Minutes of the National Symposium on the Foreign-related Commercial and Maritime Trial Work of Courts, making new Provisions over Foreign-related civil and commercial jurisdiction. Building on a case analysis and a systematic overview of the two newly issued documents, this article focuses on issues existing in the jurisdiction concerned with civil and commercial foreign-related cases. By referring to foreign legislative experiences and practices in the jurisdiction concerned with civil and commercial foreign-related cases, the author proposes suggestions to improve China's jurisdiction procedures for civil and commercial foreign-related cases, rooted in China's national conditions and realistic needs, for the purpose of strengthening China's existing judicial practice of the application of foreign-related civil laws, protecting the legitimate rights and interests of Chinese citizens and enterprises in participating in economic globalization, and achieving the coordinated development for both domestic and foreign rule of law.