The Application Of Forum Non Conveniences In International Civil And Commercial Litigation

In order to maintain national sovereignty and protect the interests of national, the nations of the world are racing to expand the jurisdiction of the court. It is easy to cause the same case has been trialed in the court of different countries that is positive of jurisdiction conflicts. This kind of phenomenon is not only cause the waste of judicial resources and but also could lead to conflicts of different court judicial decisions. It is provide the opportunity for the parties to choose the court and further conflicts. Aim at positive of international jurisdiction conflicts different countries have adopted different ways. Such as some countries set up the principle of the first to accept in the domestic legislation. There are some countries through the principle Forum Non Conveniences to solve the problem. This principle plays an important role at coordinating the jurisdiction of conflicts, balancing the interests between the parties and maintaining peace of the international economic order. But the principle Forum Non Conveniences have defects, such as be applied by the error can damage to the parties rights and the national sovereignty. In modern times of the positive of jurisdiction conflicts increasingly fierce, our country should establish the principle Forum Non Conveniences and introduce this principle into legislation in our country. But in order to better use the principle, we should set clear principles and rules.This paper is divided into five parts. The first part is the introduction that mainly introduced the topic background, the research status home and abroad, research methods, research content and the innovation points, etc. The second part is about conception, historical origin and theoretical basis of the principle Forum Non Conveniences. The third part is introduce the basic problem of the principle Forum Non Conveniences including application of the principle Forum Non Conveniences in the international situation, such as the UK "more appropriate court", the United States "the most appropriate court" and the Japan’s "special case". Not only that including the attitude of international treaty. The fourth part is discussed the role of the principle Forum Non Conveniences including its advantages and disadvantages. Finally the author will be the focus the article back on our country. The fifth part is discussed the legislative proposals of the principle Forum Non Conveniences through combining with the current judicial environment in our country.