Study On Forum Non Conveniens In China's Foreign Civil Lawsuit

As an important principle of common law system in solving the positive jurisdictional conflict,Forum Non Conveniens plays a great role in preventing Forum Shopping and balancing the litigation rights of the parties,optimizing allocation of judicial resources.As international commercial activities go frequently,some common law countries absorb and adopt Forum Non Conveniens and relevant judicial practice appeared in China.However,the tradition of applying written law under the civil law system determines that the civil law system is more inclined to a logical legal system and makes a clear and predictable provisions,rather than solving the positive jurisdictional conflict by applying Forum Non Conveniens based on the full discretion of judges.On the basis of the continuous exploration of practice in the domestic courts,taking into account the actual needs of the court hearing cases,the Supreme People's Court in 2005 and 2015,respectively,published the Minutes of Meeting and Judicial Interpretation,establishing the principle of Forum Non Conveniens.We should see the effectiveness of applying the principle to resolve international and interregional conflict of jurisdiction,but we must also see the problems shown in the specific application of the principle.This paper mainly studies the research through comparative research methods,literature analysis methods and historical investigation methods.This article can be split into three parts.Part One simply introduces the different understanding of Forum Non Conveniens between international and domestic scholars,and then introduces the development process and the applicable method of Forum Non Conveniens in UK and America,which focuses on consideration factor in the "more appropriate court" model of UK,and the private interest and public interest measure method in the "most appropriate court" model of America.Part Two introduces the judicial practice of applying the principle in three different historical periods,especially the period after the judicial interpretation published in 2015.And then sum up application characteristics in three periods respectively.Part Three is the key part of this article,which analyzes the existing problems in the specific application and makes recommendations from judicial proceedings,the specific provisions and judicial practice in the above three aspects.This part focuses on the analysis of harmonizing the relationship between the jurisdiction of the agreement and Forum Non Conveniens,but also the specific design of the suit and proposal to the specific provisions.