Study On Relevant Issues Of Adopting The Doctrine Of Forum Non Conveniens In China

The Doctrine of Forum Non Conveniens has prevailed among countries of common law, which has also influenced the countries of continental law more or less as the mutual integration of the two law systems. It can deal with the positive conflict of international civil jurisdictions by refusing jurisdiction in the case after adequate alternative forum analysis.Based on the actual circumstances in our country, this paper points out that the Doctrine of Forum Non Conveniens should be adopted for necessity of balancing the excessive jurisdiction basis, of rejecting forum shopping and of resolving conflict of civil jurisdictions of both international and particular inter-regional although there is no definite legislation of it in our country; at the same time, it confirms to our civil jurisdiction system, has accepted by our judicial practice and has been explored by our scholars, which makes its adoption in our country possible. The paper further elaborates several relevant issues and sets out my own immature opinion.This paper is composed of three parts: introduction, the main body and conclusion. The main body can be further divided into three chapters.Chapter One discusses the necessity and possibility of the adoption of the Doctrine of Forum Non Conveniens in our country.Chapter Two makes an in-depth study on the issues of discretion essential for the Doctrine of Forum Non Conveniens in our country, the approach that should be adopted based on the current three approaches existed in the world and evaluation of conditional dismissals.Chapter Three puts forward the substantive and procedural conditions of the Doctrine of Forum Non Conveniens in our country concretely as well as the balance of the elements relevant to "Conveniens" and the conditions under which the doctrine cannot be applied to in order to accelerate its scientifical construction in our country.