The Doctrine Of Forum Non Conveniens In China

The doctrine of Forum Non Conveniens is the discretion of the jurisdiction of the courtrefused to a particular case.With the development of economic globalization,Internationalcivil and commercial cases jurisdiction conflict of actively growing, application of Thedoctrine of Forum Non Conveniens has become the international trend in the field of civillitigation.The doctrine of Forum Non Conveniens of litigation conforms to the lawsuitsystem pursues the basic conception of justice and improve judicial efficiency to balanceinterests of the plaintiff,the defendant and court.Guarantee the judicial fairness and justiceThis paper is divided into four chapters body part.The first chapter illustrates the concept of " forum non conveniens " principle, differentpoints of view on this principle at home and abroad, and discusses the theoretical basis offorum non conveniens principles, and a description of the positive and negative effects ofrelatively inconvenient to the principles of the court.The second chapter is inconvenient principles expounded in the extraterritorial applicationof the Court, including the common law countries such as the United States and Britain inthe origin and development of the country, as well as in civil law countries such as Japanand Germany in the origin and development of the country, about the forum nonconveniens new development principles.The third chapter of the principle of forum non conveniens in the current situation in Chinahas been described, including the feasibility and necessity of the implementation of thisprinciple in our country. And inconvenient to apply the principles set forth our variousobstacles.Chapter IV presents a perfect application of the principle of forum non conveniens some ofour ideas. Establish the principle of forum non conveniens model proposed start of theprinciple premise, find the start of the main principles, draw the court’s assessment of themost appropriate criteria inconvenient to put forward some principles applicable proceduralcourt proposal to establish a case handling and propose how to solve the problem ofconstrained discretion of the judge’s proposal.