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《Modern Law Science》 2017-06
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Three Dilemmas Underlying Foreign-related Interim Remedies and the Proposed Ways-out

ZHANG Wen-liang;Law School of China Renmin University;  
The application of interim remedies is a phenomenon that is of great practical and theoretical significance in contemporary international litigation. However,as a procedural remedy,this mechanism is facing salient dilemmas in the context of globalization as well as the increasingly complicated disputes resolution,which mainly include the theoretical dilemma in its self-structure,the practical difficulties arising from international communications and the impasse residing in cross-border judicial cooperation. Against this background,on the one hand,individual countries shall re-construct and improve its legal system,in order to well respond to the theoretical dilemma: interim remedies should be targeted at bringing in a balancing mechanism for maintaining a procedural balance between the parties during litigation and the whole disputes resolution,i. e. balancing elements added to the prior imbalanced relationship between the parties. On the other hand,individual countries shall be open and cooperative in the application of interim remedies,and be committed to harmonizing or unifying the relevant rules,in order to cope with the practical difficulties and dilemmas surrounding international judicial cooperation. As for China,there is room for improving the relevant legal system and chaos among Chinese courts when applying the interim remedies. It is thus necessary to improve the corresponding legislation and judicial practice on the basis of reflection on the dilemmas residing in contemporary cross-border interim remedies.
【Fund】: 2017年度北京市社会科学基金项目“外国判决在中国承认与执行中的若干关键问题研究”(17FXC031);; 2015年度国家社科基金青年项目“国际民事诉讼中的临时措施研究”(15CFX069)
【CateGory Index】: D997.3
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