Exclusive Jurisdiction of Inheritance Cases with Foreign Elements

Judging from the Civil Procedural Act of the PRC,the answer to the problem of whether inheritance cases with foreign elements fall within the scope of exclusive jurisdiction seems to be affirmative.However,controversies still exist in logic;further,in practice it is hard to operate where the cases are put under exclusive jurisdiction.In comparison with the laws in continental law countries such as Germany,France,Japan,etc.one can readily find that it is rare that inheritance cases with foreign elements are under exclusive jurisdiction.As the case in China,exclusive jurisdiction can make sense from the angles of court's function and peculiarity of the nature of cases.Yet in elsewhere,especially where extraterritorial respect and execution of the judgment is concerned,it appears important to restrain the scope of exclusive jurisdiction.So,the fact that the domestic courts of a state have exclusive jurisdiction over disputes about real rights,liquidation or bankruptcy of corporations,intellectual property,etc.is gradually accepted in the world.As such,we should carefully examine the existing laws in China and put inheritance with foreign elements in a proper position.lusive jurisdiction otry xclusive jurisdiction.nheritance canse