An Analysis Of The Principles Of Forum Non Conveniens In The Case Of RIYAN Corporation

As international civil exchanges have become closer,the issue of conflicts of jurisdiction has followed.Whether the issue of jurisdiction conflict can be handled well is related to the trial of the case,which is extremely important to protect the lawful rights and interests of the parties to the case and to achieve fairness and justice.The principle of Forum non conveniens is an “imported product” for our country,and it is used in more and more international civil and commercial cases as a method to resolve conflicts of international civil jurisdiction.But at the same time,with the increasing application of this principle in judicial practice,problems have emerged.How to properly handle these problems and make the Forum non conveniens principle more suitable for China’s national conditions is the purpose of this study.The author explains the application of the principle of perfecting the Forum non conveniens in our country around the RIYAN company case,in accordance with the ideas that lead to the problem,analyze the problem,and how to deal with the problem.Specifically,the thesis consists of three parts:The first part is the brief introduction of the case and the court decision.This section mainly introduces a case where the second-instance court and the second-instance court have differences in the application of the inconvenient court principle,namely the Nikkei company case.At the same time,it combines the main points of the second-instance court and the second-instance court to determine the focus of the dispute,that is,whether the fact is difficult to determine Whether this case involves the interests of legal persons registered in China.The second part analyzes one by one around the two dispute points mentioned above.In this section,the author reviews the different approaches of the court of second instance and the retrial court on the two focus issues of disputes,and then refers to other major models of inconvenient court principles in various countries around the world.Based on this case,analyzes the different results,including whether Desirable.The third part,based on this case,summarizes the problems existing in this principle in China’s judicial practice: the criteria for determining the factors are not clear,the time for which the defendant does not specify the jurisdiction,the uneven distribution of the burden of proof,and the method of rejecting the prosecution.Forum non conveniens principle is too narrow and the subject is analyzed based on the problem.The fourth part,based on the above problems,some suggestions are made for theconstruction of the inconvenient court principle system in China.It is recommended to start from five aspects: unifying the judgment criteria of relevant factors,clarifying the defendant’s request during the defense period,and balancing the burden of proof,the inconvenience of the application of court principles,and the court’s ability to act as the main body and the role of case guidance.The Principles can better suit our national conditions.