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Application Of Forum Non Conveniens Doctrine In China

Posted on:2017-02-22Degree:MasterType:Thesis
Country:ChinaCandidate:M SunFull Text:PDF
GTID:2296330488963111Subject:Law
Abstract/Summary:PDF Full Text Request
Forum non conveniens principle is when one country court in foreign-related civil and commercial cases, that by the trial is not convenient for refusal to exercise the jurisdiction. It’s nature is discretionary power. Forum non conveniens principle originates anglo-american law systems. With the development of the national legal system, more and more countries accept and recognize inconvenient court principle.China is traditional civil law country and differs from Anglo-American law systems in the judicial system. This heralds the Principle of Forum Non Convenience development in China will surely not be plain sailing. This paper mainly includes four aspects: origin and development,value basis, application status and existing problems,improvement suggestions.Firstly, This part is the theoretical foundation of the article. First of all, forum non conveniens doctrine is a kind of discretion. This section demonatrates that forum non conveniens doctrine originated in Scotland and it has been consolidated in Enfland.Forum non conveniens doctrine has a profound influence on other countries.Secondly, This part of the paper is intended to point out the significance of china establish forum non conveniens principle. Forum non conveniens principle play an important role to solve international comity, selection of court, jurisdiction conflicts,etc.The third part of this paper introduce some questions like jurisdiction of“excessive” and shortage of detail rules in the judical practice. In the process of application of Forum Non Conveniens Doctrine exist some problem like lack of unified standards, discretion to exercise the strict conditions.The last part is the focus of this article. The content based on the different programs for the judicial practice logic sequence and put forward corresponding suggestions refer to the burden of proof allocation, discretion to limit, plaintiffs’ rights relief, refinement, appeal. Last of all, This article is also to rule out conditions forforum non conveniens doctrine.
Keywords/Search Tags:Jurisdiction, Foreign-related civil and commercial cases, Forum non conveniens, Jurisdictional conflict
PDF Full Text Request
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