禁诉令在我国涉外民事诉讼中的应用与制度构建
The Application and System Construction of Anti-Suit Injunction in Foreign-Related Civil Litigation in China

禁诉令的出发点是为了实现实体正义，近年国际民商事诉讼中的“禁诉令大战”愈演愈烈，我国法院处理管辖权积极冲突时也开始发出“禁诉令”。然而现行《民事诉讼法》条文并未明确指出禁诉令的概念，仅能从逻辑上推断该条文具有禁止当事人在域外法院提起或继续相关诉讼的功能。本文对我国禁诉令制度的构建提出建议：应当在《民事诉讼法》中规定单独的禁诉令制度及相应的违反后果，并在审理过程中明确适用情形，以国际礼让原则为底线，在不损害他国司法主权的情形下签发禁诉令。
The intention of the anti-suit injunction is to achieve substantive justice. In recent years, the “anti-suit injunction war” in international civil and commercial litigation has intensified. Chinese courts have also begun to issue “anti-suit injunctions” when dealing with active conflicts of jurisdiction. However, the current “Civil Procedure Law” provision does not clearly state the concept of injunction, and can only logically infer that the provision has the function of prohibiting the parties from initiating or continuing related litigation in extraterritorial courts. This paper puts forward some suggestions on the construction of the anti-suit injunction system in China: the separate anti-suit injunction system and the corresponding violation consequences should be stipulated in the “Civil Procedure Law”, and the applicable situation should be clearly defined in the trial process, with the principle of international comity as the bottom line, and the anti-suit injunction should be issued without prejudice to the judicial sovereignty of other countries.