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管辖权的重叠当然可以为当事人获得充分司法救济提供可能,但正因为如此,导致了涉外民事诉讼管辖权的冲突,容易引发当事人挑选法院,形成的有关法院判决也不易为外国法院承认和执行,结果不仅不利于纠纷的解决,也加大了当事人诉讼中的经济负担,同时也造成了司法资源的严重浪费。本文通过分析涉外管辖权概念、认定标准以及冲突表现形式分析,以期为管辖权冲突的解决提供可行性的解决思路。
The overlap of jurisdiction can of course provide the parties with the possibility of obtaining sufficient judicial remedies. However, this has led to conflicts over the jurisdiction over foreign-related civil litigation and easily led the parties to choose the court. The relevant court decisions formed are not easy to be recognized and enforced by foreign courts. The result is not only not conducive to the settlement of disputes, but also increases the economic burden on the parties litigation, but also resulted in a serious waste of judicial resources. By analyzing the concept of foreign-related jurisdiction, the standard of determination and the analysis of the form of conflict, this article provides a feasible solution to the jurisdiction conflict resolution.