The Application Of The Doctrine Of Forum Non-conveniens In China

As a means for the judge using his/her power of discretionary to give up the international civil jurisdiction, the doctrine of Forum Non Conveniens, because of its function of justice and efficiency, is popular applied by common law countries and gradually accepted by civil law countries. However,because of its flexibility, it has lots of disadvantages both in theory and in practice. At present, the attitude towards it in the law circle is quite different in its adoption.The author introduces its origin and development, analyses its different patterns in various countries, researches into its theoretical basis and states the positive significance and functions of it. At last, the author puts forward a construction of the enforcement of the doctrine of forum non-convenience in China.This paper is divided into four parts.Part one:Summarize the doctrine of Forum Non Conveniens.First, through the introduction of the different approaches to the doctrine given by different people, the author defines the doctrine objectively. Second, the author expounds its origin and development in countries of common law and civil law and points out its wide acceptance in the world. And the third, the author researches into its deep theoretical basis, of which the most significant relationship and power of discretionary are the most important.Part two:This part introduces the application of the doctrine of forum non-conveniens in different countries in detail. It stresses three approaches in common law countries:more suitable forum approach in England and America, and evidently improper approach in Australia, giving the comparision and analysis in its application patterns among them. Finally, it focuses on the pracitices in Germany and Japan which are similar to the doctrine and analyse the reasons for the restricted application in civil law countries.Part three:This part analyses the function of the doctrine---justice. And the author expounds her oppsite views on the function of the doctrine which is an effective approach to solving the problem of positive conflict of international civil and commercial jurisdiction.At the same time, the authour puts forward the negative effects of the doctrine,and makes an objective comment on it.Part four: This part is the focus of the paper, which is about the application of the principle of Forum Non Conveniens in China. The author introduces its current situation in judicial practice and lawmaking. Then, the author expounds her views on the necessity and the possibility of establishing the doctrine. Finally, the author specifically puts forward the application mode, standard conditions and means of adjudication about the application of the doctrine in China.