Discussions On Reference And Establishment Of Forum Non Convenience Principle In China

Convenience Principle is the leading principle in Chinese civil procedure law, which means facilitating the prosecution of the clients and the justice of the courts. This principle contains two aspects of justice, that is, the value orientation of equity and efficiency, and that justice is the eternal theme of law. But in individual cases, Convenience Principle ignores the convenience of the defendants, whom should be also given measures to defense and relief themselves in the process of litigation, while Forum Non Convenience Principle is the right system to achieve this goal in litigation. Indeed, whether Forum Non Convenience principle can coexist harmoniously with Convenience Principle and whether Forum Non Convenience principle can be useful under the direction of Convenience Principle is the basic problem of legislation. The comments in this article on the origination and development of Forum Non Convenience Principle in United States and Britain reveals the insistent pursuit of equity that the principle cantinas, and proves that it can be consistent with Convenience Principle in the value direction. This article also analyses the practice of Forum Non Convenience Principle in Chinese legislation and justice, expounds the transplant and application of this principle from the aspects of mode of legislation and consideration, etc.. and tries to establish a Forum Non Convenience Principle system that is harmonious with Convenience Principle in China.Chapter one first introduces Forum Non Convenience Principle which originated from Scotland in dealing with the non convenience forum problems, then introduces the transformation of the principle from abuse of process to appropriate usage in British cases, and finally reveals the insistent pursuit of balanceable equity between the clients of this principle in Britain. United States learned from the British theory, combined with its principle of the Most Significant Relationship and established Material Alternative Court theory, which contributed to the legislation of Forum Non Convenience Principle and satisfies the judicial requirements of equity and efficiency.Chapter two discusses the potential factor that leads to the conflict between jurisdictions and so many non convenience forum problems, which is excessively wide base of jurisdictions that established in Chinese legislation. While non convenience forum problems in justice can not be dealt with because of the lack of legislation. The two problems together bring out the refection of legislation on Forum Non Convenience Principle in China.Chapter three first analyses the value direction of Forum Non Convenience Principle and Convenience Principle, which is insistent pursuit of equity and efficiency. Then it combines present Chinese legislation with the advanced experiences in the common law legislation. Finally, it makes some suggestions on the legislation mode, the body of legislation, considerations and how to dealing with cases under the principle in Chinese legislation, so as to establish a Forum Non Convenience Principle system harmoniously consistent with Convenience Principle.