The Application Of The Doctrine Of Forum Non Convenience In Foreign-related Divorce Cases In China

In the private international law adjustment range, The determination of Jurisdiction over International Divorce has an extremely important significance. At present, the laws over the jurisdiction of international divorce have many disadvantages in our country, for example, Excessive jurisdiction Parallel proceedings、Choosing the court and Interregional jurisdiction conflicts. The Doctrine of Forum Non Convenience(DFNC) which was described as a sign of civilization of the judicial can effectively solve the disadvantages of laws of Foreign Divorce Jurisdiction in China. The Note will introduce the DFNCoriginating fromScotland at length and demonstrate the possibility of the adoption of the DFNC in an international divorce case in our country. On the basis of considering the actual situation of our country and the practice of Anglo-American law system applying the doctrine in the field of foreign-related divorce elaborates several relevant issues and sets out my own immature opinion. The main body of this Note can be divided into four chapters:Chapter one introducesthe DFNCwhich be used in foreign-related divorce case. First, it introduces the concept of the DFNC. Then, it introduces the development of the DFNC. Finally, it analyzes the DFNC whichbe used in foreign-related divorce case.Chapter two demonstrates the rationality of the adoption of the DFNC in an international divorce case in our country from two aspects respectively:The necessity and possibility of the DFNC which beadopted in an international divorce case in our country.Chapter three introduces the judicial practice of the DFNC in an international divorce case in our country. By introducing the application of the DFNC in two foreign-related divorce cases, it revealspresent situation and the insufficiency of the DFNC in our country.Chapter four introduces the judicial practice of common law system and meaningfulrevelation to our country. By introducing the application of the DFNC in two foreign-related divorce cases, it seeks applicable method in order to accelerate its scientifical construction in our country.Chapter five puts forward the substantive and procedural conditions of the DFNC in international divorce proceedings our country, it separately discusses the balance of the elements relevant to "Conveniens" and deal with a few special factors relating to the marriage. The DFNC is applied to in order to accelerate its scientifical construction in our country on the basis of the advanced experiences of foreign.