On The Principle Of Inconvenient Court

Forum non-convenience doctrine appears aimed at countering international civiland commercial litigation in the " forum shopping" problem.With the development ofeconomic globalization, the international civil and commercial activities flourishedincreasingly large number of trade disputes.litigation factors that lead to somecross-border disputes to be "repeat trial" and the difficult of obtaining an effectiveimplementation of the verdict. A large number of international " parallel proceedings "produced. For the high cost of justice in modern society, the international communitybegan to change the unlimited expansion of their jurisdiction trend in the past, andbegan to avoid some of the intentional lawsuits which nearly got no contact with thenational interests.In the mid-19th century Scottish court in the judicial practice first applied theprinciple of forum non-conveniens, and that was originally intended to reduce thelawsuits which take jurisdiction only by property can be seized by the court.It wasalso called forum non-competens.With the development of nearly a hundred years,thisprinciple has been widely used in the United States,the United Kingdom,NewZealand,Israel,Canada and other Common law countries,or the other regions,such asthe domain of Quebec, Canada, has also adopted the policy.While in the Civil lawcountries, such as Japan,France,Germany and other courts have adopted a number ofprinciples similar to the forum non-convenience doctrine.On the matter of thejurisdiction,the Civil law countries got more flexible approach to change thetraditional jurisdiction of the cases which shall be no rejected during the old days.On the discussion of whether to introduce this principle had always been a pointof needle two factions opposed to the each other. In the case of1993credit DongpengInc. v. Bank of East Asia,the domestic court first applied the principle of forum non-conveniens in judicial practice.The document named"Second National ForeignCommercial Maritime trial Minutes" issued by the Supreme Court set forth in theapplication of this principle in many conditions in2005.Meanwhile, in the China’s<<Private International Model Law>> and the <<Civil Procedure Law>>(third draft)both mentioned this policy,the scholars also called for the inclusion of this principleinto legislation, but in the <<Civil Procedure Law>>revised in2012is still without itspresence. So whether it is the principle of forum non-conveniens as some scholars call" insignificant principle ",is there really no need to introduce it? This article willcarefully comb forum non-conveniens principles from its birth to now though almostthe two hundred years of changement and development,with cases in-depth studies toanalyze the meaning of the applying the principle,building the rule of law principle offorum non-conveniens in line with our national situation.