On The Doctirne Of Forum Non Convenience

With the rapid development of modern international economic integration, increasinginternational civil and commercial relations. However, the laws from different jurisdictionsfor the same international civil and commercial relations require different and competing inthe international civil legal relationship, leading to conflicts of jurisdiction involving foreignelements. To this end, the courts of common law jurisdictions in legislation and practice in theapplicable jurisdiction of the doctrine of forum non convenience refused, effectively solveconflicts of jurisdiction involving foreign elements make up the broad jurisdiction of theloopholes in the rules. At present, there is no relevant legislative provisions of the doctrine offorum non convenience, unable to resolve jurisdictional conflicts occurring in other countries.I suggest introducing the doctrine of forum non convenience, not only can effectively solveconflicts of jurisdiction involving foreign elements, and remedy legislative deficiencies; canadequately protect the national interests of the State and citizens to achieve judicial fairnessand justice.By using value analysis, from the ideal point of understanding the essence of the doctrineof forum non convenience; use of dialectical analysis, analysis of necessity and feasibility ofChina apply the principle of forum non convenience; a comprehensive study, explore ourapplication of the doctrine of forum non convenience system construction and improvement,for the better application of the doctrine of forum non convenience improving foreignjurisdiction system in China.First chapter first tells has not convenient Court principles of concept, from party andCourt of position starting for defined, reflected has it convenience party and Court of valuefunction; then tells the principles of origin and development, pass said think not convenientCourt principles up stems from Scotland, and first by British beauty national used, throughpractice in the of case and judge of dialectical discusses, makes its get has fast developmentand perfect; to better of analysis not convenient Court principles, Introduced the concepts toits understanding of choice and discretion of the Court, it is necessary to prevent the purchaseof court proceedings against the defendant the plaintiff, but also limit the scope of the discretionary power of judges to prevent their abuse of power finally elaborated the doctrineof forum non convenience of three main values, namely fair justice, judicial economy andefficiency value, the value of international comity.Dialectical analysis of the doctrine of forum non convenience in chapter II theapplication status in common law countries, primarily United States "the most appropriatecourt" model and the United Kingdom of the "appropriate court" mode. United States of notconvenient Court principles main is through Gardner v.Thomash case, and Collard v.Beachcase, and Gulf Oil case, and1981of Piper case and2007of China in the of group caseformed of for United States of a items system, its features main has three aspects, includingon United States plaintiffs select court right of substantive respect, and balance public-privateinterests two step analysis method and according to not convenient Court principles dismissedlitigation additional corresponding of conditions. United Kingdom is mainly based on theSt.Pierre v. South American Ltd., The Atlantic Star case, Mac Shannon v. Rockware Glass Ltd.Spiliada case case and the1987Established the doctrine of forum non convenience of anotherpattern, mainly growing standards of judge to relax, from abuse of process standards to moreappropriate standards as well as the application of the principle of the Court’s restrictions.Finally, dialectical Exposition Anglo system’s inspiration to China of the doctrine of forumnon convenience, the system shall use in common between the two legal systems, differentsystems, we want to justify it to never blindly copy to prevent negative consequences of legaltransplants.The third chapter of the necessity and feasibility of China apply the principle of forumnon-convenience. Broad legal provisions in some jurisdictions, new foreign Internet caseslacking relevance, need to maintain the public interest, the fairness and justice of the caseneed to explore the doctrine of forum non convenience in terms of introducing the need andfeasibility analysis of the application of the doctrine of forum non convenience, instructionson the doctrine of forum non convenience in our country applies a certain degree of feasibility.First of all meet the requirements of China’s legal principle of time-, followed in theoryscholars support, once again, has accumulated experience in the judicial practice, China hasalso long to recognize and apply the principle of; and, finally, to Supreme Court released related documents as a guide and reference, which are feasible.Fourth chapter main tells China applies not convenient Court principles by shouldfollowed of conditions and program, applies conditions main including: China Court on caseenjoys judicial jurisdiction right, exists a enjoys jurisdiction right of can alternative Court,China court trial case obviously not convenient case does not involving China citizens, andcorporate or other illegal people organization of interests, not exists agreement jurisdictionand exclusive jurisdiction of case four a real conditions; followed of main program has: first,accused should in reply period within Active to by v Court proposed jurisdiction rightobjections Second, applicable in the proceedings "who advocates who proof" principle; third,the Court applied the doctrine of forum non convenience results; IV, according to the doctrineof forum non convenience discontinuance should be additional related conditions. Problemsyou might encounter in China apply the principle of forum non convenience: the judge mayabuse of discretion, reverse the defendant caused tied it against forum shopping.