Study On Forum Non Conveniens Doctrine

With the development of economic globalization, the international civil and commercial exchanges become more frequent, the number of international civil and commercial cases are increasing, cases involving the jurisdiction conflicts are more. Inconvenient court principle is an important principle of private international law to solve the conflicts of jurisdictions, plays an important role in the field of international law, and received extensive attention. The main purpose of this principle is the domestic court has jurisdiction of international civil and commercial cases, but considering the interests of the parties, the court’s convenience, the interests of the state and other factors, if his country’s court hearing the case is more convenient, local court may refuse to exercise jurisdiction. Application of the doctrine of forum non conveniens which not only to fully protect its citizens and national interests, but also conducive to improve judicial efficiency, promote the international civil and commercial communication.This paper attempts to study the origin and development of the doctrine of forum non convenience, applicability is not convenient principle of court in all major regions of the world, analyzes the positive significance and disadvantages of this principle, finally on the system establishment in China put forward their own ideas.The first part of the thesis summarizes the inconvenient court principle, carries on the introduction of the concept, the doctrine of forum non conveniens origin and development.The second part of the thesis on forum non conveniens doctrine in the global scope of application are analyzed and compared. The analysis was introduced mainly through the application of the doctrine of forum non Conveniens in two big legal systems in some typical countries or regions, such as Britain, the United States common law area, Australia and the civil law of Germany, Japan, Holland and other countries or regions, and conduct a comparative analysis of the advantages and disadvantages, measure.The third part of the thesis on the basis of the first two chapters from the two aspects of positive and negative on the positive significance of the doctrine of forum non conveniens and after defects are explored.The fourth part of the paper mainly proposes the inconvenient court principle in the concept of the establishment in china. Firstly, the principle of forum non Conveniens in two aspects in judicial practice and theoretical research in China on this principle in our country’s present situation are introduced, followed by analysis of the doctrine of forum non conveniens establishment necessity in China, finally puts forward the inconvenient court principle in the system of our country suitable.