Economic Analysis Of The Forum Non Conveniens

As a mechanism for resolving the positive conflict of jurisdiction in international civil lawsuits,the forum non conveniens means: in one country,there is a court that it has jurisdiction over a national civil case in accordance with the domestic law or relevant international treaty,but this court refuses to exercise jurisdiction to enable the parties to sue in a more convenient court,because it is very ineffective or unfair when the court hears the case itself.The forum non conveniens was first produced in the judicial practice of Scotland and was prevalent in the Anglo-American legal system.With the deepening of international communication,many civil law countries have gradually adopted this principle.At the same time,the law and economics have also made great progress in the field of international private law,it takes efficiency as the evaluation criterion and rigorous analysis methods as the characteristics,this is similar to the operation mode of the forum non conveniens.So,it is an opportunity to use economic analysis to study forum non conveniens in the aspects of it's functions and applicable standards,and this paper ultimately provides suggestions for the development of the forum non conveniens in China.The discussion in this paper can be divided into four parts.The first part starts with the basic problems of the economic analysis.It mainly discusses some basic theories of the law and economics and the legitimacy of applying economic analysis to forum non conveniens.From the aspect of “what it should be”,the second part analyzes the function of forum non conveniens by the methods of cost analysis,game analysis and so on.It mainly discusses the efficiency of the traditional functions in forum non conveniens and digs out the economic function in forum non conveniens.The third part starts with several representative countries of the Anglo-American legal system and the civil law system by using cost analysis and other methods to analyze the forum non conveniens from the aspect of “what it actually is”,and this part mainly discusses the efficiency of the application standards in these countries.The fourth part is a localized analysis of the criteria applicable to forum non conveniens.The author looks at the perspective of analysis in the context of Article 532 of the “Interpretation of the Supreme People's Court of China on the Application of the Civil Procedure Law in the People's Republic of China”,and on the basis of the spirit of economic analysis from the foregoing,it mainly discusses the efficiency of the criteria applicable to Chinese forum non conveniens.