On The Principle Of Inconvenient Court

With the development of world economic globalization and economic integration,the international exchanges are becoming more and more frequent,and the number of international civil and commercial cases is increasing.In order to safeguard national sovereignty and national interests,countries around the world continue to expand their jurisdiction,and thus make the conflict of jurisdiction intensified.In the case of conflict of jurisdiction,different countries have taken various forms of solution,but it is undeniable that the principle of inconvenience to the Court has played an irreplaceable role in resolving the positive conflict of jurisdiction and bridging the loopholes in the rules of broad jurisdiction.Although there are differences in specific application and procedure due to differences in cultural differences and historical traditions,in recent years,the principle of inconvenient courts has been paid more and more attention by more and more countries.This article discusses the problem of solving problems,analyzing problems and solving problems.Specifically,this article has four parts,namely:The first part focuses on the origin and development of the inconvenient principle of the Court and its attitude towards international conventions.First of all,through the principle of retrospective inconvenience to the courts in the common law countries,the historical background and social causes of the principles are analyzed.Secondly,the introduction of the principle in the world and the spread of civil law countries to accept and adopt.Finally,the attitudes towards the principles of the two major international conventions,the Brussels Regulations and the Hague Convention on the Choice of Court Agreements,signed by the international community.The second part mainly introduces the legal basis of the inconvenient court principle.First,the discretion is not a prerequisite for the principle of inconvenience to the courts.Anglo-American law countries advocate the flexibility of the law,the judge was given a lot of discretion,which is inconvenient to the basis of the principles and prerequisites.Civil law countries to pursue the legal system of stability,stability.The differences between the legal systems of the two legal systems determine the initial attitude of the two in dealing with the principle of inconvenience to the courts.At the same time,the drawbacks of discretion have become inconvenient to the application of the principles of the Court.Second,the spirit of international comity is the performance of the state in the application of the principle of inconvenient courts,Abstract Shanghai Normal University Master of Philosophy as well as the reduction of international jurisdictional conflicts and requests forinternational friendly exchanges.The economic interests of the modern social countries,political interests are closely linked,only mutual friendly assistance can be better to achieve their own and national interests.It is impracticable to act alone and benevolently.Finally,the most closely linked theory is inconvenient to the core of the Court's principles.The most closely related principle is through the analysis of quality and quantity,to find the most essential and most real contact with the case,to measure the degree of correlation of various close points,to seek to achieve fair and reasonable cases.The third part mainly introduces the inconvenient court principle in the judicial practice of the two countries and regions.First of all,through the case to introduce the Anglo-American countries,the United Kingdom,the United States,Australia,for example,to introduce the principle of inconvenience to the evolution of the court and the final form of the existing model of the typical case,the analysis of the incompatible between countries The principles,emphases and analytical methods of the Court principle model contrast the common points and differences between the respective models of the three countries that do not facilitate the formation of the principles of the courts.Secondly,it introduces the acceptance and adoption of the principle of inconvenient courts in civil law countries and parts of the country,or the provisions of the principle of inconvenience to the courts.Such as Japan,Germany,the Netherlands,Canada have a similar provisions or unique model.It can be seen that the principle of inconvenience to the court is not cautious about the principle of inconvenient courts,and is not widely adopted by civil law countries.The fourth part mainly introduces the insufficiency and perfection of the principle of inconvenient court in our country.First,we introduce the progress of our country's legislative aspects on the principle of inconvenience to the courts,and introduce the cases of inconvenient court principles in judicial practice.China's legislation and judicial status show the necessity of applying the principle of inconvenience in our country.Secondly,on the basis of analyzing the rich experience of foreign countries,combining with the current situation of our legislation and the practical needs of judicial practice,we put forward the perfect proposal,that is,the prerequisite,the mode and the procedure of the principle of inconvenient court application in our country.At the same time,the application process should pay attention to the inconvenience of the Court itself,the defects and possible adverseShanghai Normal University Master of Philosophy Abstract results,that is,the abuse of discretion and the defendant to reverse the selection of thecourt.February 4,2015 Supreme People's Court on the application of the "Civil Procedure Law of the People's Republic of China," the interpretation of Article 5323 of the contents of the principle of inconvenience to the provisions of the Court,it is necessary to retrospect the principle of inconvenience to the Court of the historical evolution of the root causes,To explore the value of the deep legal basis behind it,learn from the merits of the characteristics of the applicable model of the Anglo-American legal system and the civil law countries and regions,and further improve the applicable mode of the inconvenient court principle.