Research On The Foundation Of Declining Jurisdiction In Foreign-Related Civil Cases From The View Of The Doctrine Of Forum Non Conveniens

The paper analyzes the foundation of declining jurisdiction in foreign-related civil cases from the view of the doctrine of forum non conveniens. Beginning from the current situation in China, the paper sums up the major factors of declining jurisdiction in foreign-related civil cases through studying and clarifying the large amount of cases. It concerns: the main facts have no relationship with China while it is more convenient to hearing by the foreign courts; both parties are foreigners and dispute arises overseas; the parties have their treaty on jurisdiction which appoints adopt the foreign law; the court declines jurisdiction for its own convenience and the case has no sufficient condition for jurisdiction or it go against to the principal of jurisdiction.The thesis gives a brief introduction of the origin and concept of the doctrine of forum non conveniens and also discusses the advantages and disadvantages of the doctrine. Then comparing the adoption of the doctrine of forum non conveniens in main Anglo-American law system and some civil law system countries, the author gives her point of view about whether China should adopts the doctrine of forum non conveniens.Concerning the situation in China, the thesis deeply analyzes the drawbacks after China's adoption. Facing these questions, the author gives her answer for each point and concludes that China should establish its own doctrine of forum non conveniens in a reform way. The precondition is that our court has jurisdiction and we can only use the doctrine when there is an application from the defendant. In the aspect of legal system building we should give judges some power of discretionary. At last there should be a sound legal environment to guarantee the doctrine's implement.