On The Principle Of Inconvenient Courts In Foreign-related Divorce Proceedings

With the rapid development of international civil and commercial affairs,population mobility all over the world has resulted in an increasing number of international marriage registration,which meanwhile,brings another increasing of international divorce.In such an international divorce case,two or more countries have jurisdiction due to nationality?domicile of both parties,which inevitably resulted in positive conflicts of jurisdiction.To solve this problem,more and more countries have applied the principle of non-conveniens forum.The article discusses the problem of solving problems,analyzing problems and solving problems,with four parts,namely:The first section is the principle of applying non-conveniens forum in filing foreign-related divorce cases.First of all,it is analyzed that due to the differences in the jurisdiction of foreign countries on the jurisdiction of foreign-related divorce cases,conflicts of foreign-related divorce jurisdiction existed.Excessive points of connection have provided the parties with the opportunity to select the forum and eventually caused the court to suffer from harassment.Secondly,from the inconvenience of the application of the court principle in foreign-related divorce proceedings,this section analyzes the provisions of the laws of various countries on the inconvenience of the court and the cases of inconvenient courts in foreign-related divorce proceedings.The second section elaborates the legal foundation for the non-conveniens of forum principles in foreign-related divorce proceedings.First of all,from the perspective of convenient litigation,it is analyzed that the principle of non-convenients forum can effectively prevent the occurrence of parallel lawsuits and the parties' selection of courts.Secondly,from the perspective of the economics of jurisdiction,the importance of benefits in litigation and the role of inconvenient court principles in judicial authority and trial effectiveness are discussed.Finally,the principle of non-conveniens forum can fundamentally protect the interests of the weakness.The third section introduces provisions countries to apply the principle of forum non conveniens in the foreign-related divorce cases in judicial practice as well as international treaties on the principle of forum non conveniens.First,it introduced thejudicial practice in the United States through cases,and analyzed the steps and considerations of the United States' application of the inconvenient court principle in foreign-related divorce cases.Secondly,the UK introduced the steps and considerations of the use of the inconvenient court principle and comprehensively analyzed the differences,emphasis,and similarities of the two countries when using the inconvenient court principle,and the civil law countries have no convenient for the courts.The principle of the provisions.Finally,it analyzes the attitude of international conventions to the use of the inconvenient court principle in foreign-related divorce proceedings through the provisions of the divorce jurisdiction in international treaties.The forth section 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 the jurisdiction of international divorce,and introduce the cases of inconvenient court principles in judicial practice.China's legislation and judicial status show the potential space of applying the principle of inconvenience in our country.Then,introduce the judicial practice of international divorce,which apply the similar principle of non-conveniens forum.Last,on the basis of analyzing the rich experience of foreign countries mentioned above and the practice in Hongkong,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.On the perspective of our legislation and judicial practice,it is a necessity and feasibility to apply the non-conveniens forum to the international divorce cases.How to perfect this principle in the field of international divorce,especially to make this principle fit with the situation of China,put forward a higher requirement of us.