Study On The Application Of The Doctrine Of Forum Non Conveniens In China

The doctrine of forum non conveniens is a exotic principle in our country,it is a litigation principle born and prevailing in the countries of common law system.The academia and the judiciary began to study on the feasibility of this principle in china very early,but most scholars think the principle is not suitable for China's national situation,so it is not suitable for bringing in.And with the development of economy,the international civil litigation happens frequently,the principle has have its role in the judicial practice,and being more and more used to solve the positive jurisdictional conflicts in international civil cases,but due to the lack of statutory provisions,the use in early judicial practice mainly depends on the official judgment,which gives the judge great discretionary power.For a statute law country as China,actually,it's contrary to the ideology of rule of law.Until 2014,the judicial interpretation of the Civil Procedure Law of PRC was promulgated,the doctrine of forum non conveniens finally had has been admitted by writing in the judicial interpretation,which means it has a clear legal basis in dealing with international civil and commercial cases,it will also increase the application of the doctrine.But at the same time,as the practice of increasing,more and more problems emerge,how to solve these problems,how to make the doctrine adapt China's national conditions,which is the purpose of this study.This thesis mainly talk about the application of the doctrine of forum non conveniens in our country,which divided into three parts:Part one talks the development of the doctrine in our country,showing the process since it has been brought in to written in the judicial interpretation by talking the three aspects:the judicial practice,theory,and the relevant provisions.And analyzing the application of the doctrine of handling cases in the early judicial practices,summing up the characteristics of these cases,and comparing with the cases before the judicial interpretation implemented.It's obviously that the development of the doctrine of forum non conveniens in our country is begin with practices and develop in practices;Part two is based on the recently cases which have been solved by using the doctrine,summarizing and analyzing the problems of the application of doctrine:the judgment standard of related factors is uncertain,there's problem of the mode of throwing out the sue,breaking the imbalance of the burden of proof,delaying the litigation and increasing the cost of suit;Part three analyzes the rationality of the judicial interpretation by basing on the problems which have been talked above.Finally,putting forward suggestions to construct the doctrine of forum non conveniens.The suggestions mainly include four aspects:limiting the Discretionary power,suspending proceedings or making a conditional rejection to refuse jurisdiction,balancing the burden of proof.Trying to perfect the doctrine of forum non conveniens in China.