Study On The Feasibility Of The Application Of Doctrine Of Forum Non Conveniences

The doctrine of forum non conveniences is an important principleoriginated in Common Law System and it influences the court to exercisethe jurisdiction , it is a problem concerning whether the court has thediscretionary power to stay or to revoke an action which involvingdifferent legal systems. Because in the international civil and commerciallitigation ,there is not identical international legal system to regulate thejurisdiction. In the practice, each country enacts the jurisdiction to theinternational civil and commercial case according the social, politicaland economical interests of the own ,on the basis of the own principle ofrule of law and the spirit of legality. This phenomena leads to thetendency that arbitrarily expanding of the jurisdiction in internationalcivil and commercial case, which causes the positive negative conflicts .Through the extensive right, the plaintiff can choose the favorable courtwhich may bring unnecessary inconvenient and heavy burden to thedefendant. This phenomena is not only contrary to the principles ofjustice and equity of the legal procession but also harmful to thereasonable resolution to the international civil and commercial actions.Because the doctrine of forum non conveniences has the value of justice ,equity, conveniences and efficiency, it has not only been adopted tolimit the tendency of jurisdiction expanding by Common Law System ,but also gradually accepted by other law system countries. In differentcountries' practice ,there are different in the range of using theprinciple ,the conditions and so on. The doctrine has different types, theEngland model, the American model, the Canadian model and theAustralia model, each model has different characters.This article uses comparative method ,studies the evolving processand the character of different types of the above -mentioned the doctrine of forum non conveniences , try to find out the same basis and condition in using the principle. First it introduces the concept and origin of the doctrine of forum non conveniences ,then it introduces the practice of the doctrine in some different Common Law System countries. In the third part of this article, it introduces the development in some Civil Law System countries ,setting Quebec, Germany and Japan as examples. At last ,it explores the reason of the application of the principle theoretically ,compares the standards of it ,at the same time ,it points out the limitations of the doctrine of forum non conveniences ,such as the vast discretionary power and so on. On the basis of this ,the author inspects the feasibility of the doctrine in China theoretically and practically . The author holds that though there is no regulation in our law, in the practice, our courts often use it in international civil and commercial litigation . Specially ,because our country has special national conditions interregional conflicts of laws often occurs ,and the conflicts of territorial jurisdiction can hardly be avoided, which provides potential space for the application of the doctrine of forum non conveniences. At last ,this article puts forward some constructive suggestions on the legislation of the doctrine of forum non conveniences.