Study On The Principle Of Non Forum Convenience In China's Maritime Litigation

In many foreign countries, Non forum convenience could be found in the civil litigation system, which achieved good results in practice as well. However, whether the principle should be introduced in the jurisdiction of our maritime litigation caused fierce argue among scholars. In 2005, it was firstly defined in the minutes of the Second National Maritime and Foreign Commercial Trials Conference that the court has the right to reject the plaintiff's prosecution according to Non forum convenience, since inconvenient factors exist in the jurisdiction of the case.Moreover, the minutes still can not be the basis for court cases, which weakens the Non forum convenience's value in our country, and asks for further improvement in related legislations.However, there is no related rule of how to apply Non forum convenience In China's law, and the lack of the research of the regulations and requirements is obvious. In this paper, I am going to illustrate the comparisons of Non forum convenience in different countries'national legal system, make the research of China's maritime action Non forum convenience, and introduce the application of that principle, the specific example of how to apply the principles and propose how to improve the principles.This paper contains five parts except the introduction and conclusion:Firstly, the principle of Non forum convenience, the concept of the principle of Non forum convenience, the theory of origin, and the principle of origin have been introduced.Secondly, the article mainly introduces chief modes of principle of Non forum convenience in some typical countries.Thirdly, the paper describes the characteristics of maritime litigations and the relationship between maritime Jurisdiction and the principle of Non forum convenience.Fourthly, the various points of views about the introduction of the Non forum convenience are clarified.Fifthly, the paper introduces the Current Situation of Non forum convenience in China and gives more ideas for improvement.