The Application Of The Doctrine Of Forum Non Conveniens In China

The doctrine of forum non conveniens originated in Scotland,developed in Britain and the United States countries,rooted in the basic theories of international comity,the principle of the closest link,discretion and so on.It has been accepted by more and more countries because of its economic,convenience and impartiality value.The doctrine of forum non conveniens is conducive to saving judicial resources,improving judicial efficiency and realizing fairness and justice in cases.However,improper application may result in abuse of the discretionary power,discrimination against foreign plaintiffs,the defendant's "reverse" choice of courts,and procrastination of litigation.In the legal system of common law countries,judges have greater discretion and high acceptance of the doctrine of forum non conveniens,while civil law countries pay more attention to the stability and predictability of law.Except for a few countries,most countries do not accept the doctrine.There are provisions on the doctrine of forum non conveniens in the relevant legislation of our country but there were still some imperfections in the application premise,subject,distribution of burden of proof,and the way of refusing jurisdiction by applying the doctrine of forum non conveniens.Therefore,the application criteria and procedures of the doctrine in China should be changed,which is in accordance with our foreign jurisdiction system: defining clearly the preconditions for the application of the doctrine of forum non conveniens,restricting the judge's discretion space;giving the people's court the right to apply the doctrine of forum non conveniens voluntarily according to its authority;balancing the burden of proof between plaintiffs and defendants,and allocating the burden of proof appropriately.The defendant should bear the burden of proof in lieu of the court.If the plaintiff has objection,the plaintiff should bear the burden of proof in the case to be heard by the court accepting the case.In the way of refusing jurisdiction by applying the doctrine of forum non conveniens,the plaintiff's right to judicial relief should be guaranteed by suspending theproceedings or refusing the proceedings with additional conditions.