Forum Non Conveniens Principles Appling In China

Economic globalization，the international civil and commercial litigation occursfrequently，more and more serious conflicts of jurisdiction occur. For one case，whenthere are two or more countries have advocated the exercise of jurisdiction and thejurisdiction，forum non conveniens principles emerged. The principle of forum nonconveniens is widely used in common law countries，which help them in dealingwith international civil and commercial litigation and protect its interests and citizensto improve the efficiency of the courts of justice. However，the judges’ discretion istoo large，which has not been universally accepted in civil law countries. In recentyears，China’s courts are deeply troubled positive conflict of jurisdiction in dealingwith foreign litigation process. This article originated from the inconvenient to theprinciples and history of the Court to proceed on the principle of forum nonconveniens analysis carried out the pros and cons，convenient principles by studyingthe court common law countries and the Netherlands，Switzerland and other countriespractice of civil law，as well as in the international the practice of the organization，presented the necessity and possibility of the national court to establish the principle isinconvenient and initially conceived inconvenient to apply the principles of the courtsystem design.This paper is divided into three chapters in total.The first chapter is an overview of the principles of forum non conveniens，which explains the concept of forum non conveniens principles， history andtheoretical basis of the principle of forum non conveniens，the pros and cons analysis.Inconvenience Doctrine covers specific meaning， lection，induction，summary，this paper collected the advantages and disadvantages of forum non conveniensprinciple，the principle of forum non conveniens eliminate the irrational internationalcivil jurisdiction，to prevent the party " forum shopping "，the rational allocation ofresources litigation reduce the burden on the courts，to promote international judicialcooperation; principles of the lack of uniform standards and uncertainties applicableinconvenient to courts，judges too much discretion to discriminate against foreignplaintiffs，with the "no denial of justice " policy conflicts. Meanwhile InconvenienceDoctrine of these factors in our convenient method applicable principles should beconsidered.The second chapter describes all the major national and international organizations in practice. Including forum non conveniens principles of common lawpractice in the country，which specifically describes the practice of forum nonconveniens principles in the United States， Britain， Australia; inconvenient to courtprinciple in civil law practice countries，including the principle of forum nonconveniens in Japan applicable to the situation in Germany，the Netherlands and othercountries.The third chapter analyzes the theory and practice of two chapters presented apreliminary analysis of the first principle of forum non conveniens in our vision tobuild the foundation. This paper argues that the principles of our country can not copythe pattern of any country the United States，Britain and other countries of forum nonconveniens，China applies with Chinese characteristics，" the principle of forum nonconveniens，" the court obviously inappropriate mode can be used.Finally，the paper states that China as a civil law countries，and the legalenvironment，the Anglo-American legal tradition of the country have greateraccess，absolutely can not copy the pattern in other countries，but should learn theprinciples of forum non conveniens in the British and American judicial practice，grasping the core principle is inconvenient living conditions of the court，to explorethe principles of forum non conveniens suitable for our country. In the process ofbuilding， the need to give judges some discretion， be more flexible whenimplementing the principle of forum non conveniens，as well as the principle of thecourt is not convenient to create other positive conditions applicable in our countryand help our country to solve the issue of jurisdiction，safeguard judicial fairnessjustice，improving judicial efficiency.