A Study On The Application Of Forum Non Convenience Doctrine

Forum Non Conveniences Doctrine is widely applied in the courts of common law countries in accepting private international law cases.The effective application of this principle facilitates the courts to evade the cases that are not suitable for their own trial,so as to reduce the damage to the parties in the case or to maintain judicial justice,and to consider various factors sufficiently,so as to select more convenient or reasonable courts for the parties.Forum Non Conveniences Doctrine is broad and flexible,and its applicability is prominent.As a result,the doctrine of inconvenient court has gradually developed from common law countries to civil law countries.China's legislation has made provisions on the application of Forum Non Conveniences Doctrine successively,but there are still some imperfections,such as the lack of uniform criteria for the determination of the principle of inconvenient court,the lack of clear conditions for the application of the principle of inconvenient court,the lack of restrictive provisions on the time for filing requests or jurisdictional objections,and the narrow restrictions on the start-up mode of the application of theAfter investigating the legislation and application modes of Forum Non Conveniences Doctrine in the main countries of the two legal systems,and after comparative study,it is proposed that the application of Forum Non Conveniences Doctrine in China should be: uniformly stipulating the specific criteria for the determination of Forum Non Conveniences Doctrine;specifying the conditions for the application of Forum Non Conveniences Doctrine;defining the application results of "Forum Non Conveniences Doctrine ";defining the time limit for applying the To clarify the burden of proof in applying Forum Non Conveniences Doctrine,and to give the court the right to invoke Forum Non Conveniences Doctrine on its own initiative,so as to provide some help for the better application of Forum Non Conveniences Doctrine in our courts.