The Research On Declining Jurisdiction In International Civil Procedure

Facing the development of world intercourse, international trade business is becoming more and more. As we know, court' s civil jurisdiction plays an important role on protecting their own country and citizen. So for their own interests, nearly every county makes great efforts to enlarge their courts' jurisdiction, which forms a picture of sharply competing for jurisdiction. On the one hand, extensive jurisdiction can supply a more comprehensive judicial assistant for the parties. But on the other hand, its shortcomings are also obvious. As the party as concerned, the balance of parties' interests may be destroyed by the increased judicial cost and substantive inconvenience. As court as concerned, judicial resources are comparative poor today, but the possible lis pendens will waste them. In order to avoid these phenomena' s appearance, many countries have begun to take measures to restrain the excessive jurisdiction. Those measures are what my research on—declining jurisdiction in international private law.After defining the concept and range of declining jurisdiction, wecan divide it into three types ---forum non conveniens, lis pendens andparty' s autonomy. By comparative means, we have analyzed every type' s conditions in many different countries' legal systems and some related international treaty. We find some common rules. These rules can provide some suggestion to better our Chinese civil procedure law.