Perfection Of China's Application Of The Principle Of Inconvenience To The Court

Forum non convenience originated from the Common law system,with the exchange and development of the world economy,more and more Civil law countries have gradually recognized and accepted the doctrine of forum non convenience.Since the beginning of this year,with the frequent exchanges of foreign-related civil and commercial affairs,the number of foreign-related civil and commercial cases has also been rising.In Article 532 of the Supreme People's Court's Interpretation of the Application of the Civil Procedure Law of the People's Republic of China,for the first time,the content of forum non convenience was stipulated,and a large number of cases involving the provisions of the article also appeared in judicial practice.However,the inconvenient court principle originating from the Common law system and the difference in the color of the Civil law system of China's litigation legal system indicate that the development of this principle in China cannot be smooth.The academic community has always been controversial about the application of this principle,and the current Civil procedure law does not specify this principle.This makes the legality of this judicial interpretation questionable.All of the above makes the court's attitude towards the application of the doctrine more cautious in judicial practice.In fact,due to the laissez-faire of parallel litigation in China,forum non convenience has considerable room for development.Therefore,this paper hopes to study the problems arising from the doctrine in China through academic,legislative and judicial levels,and learn from the relevant rejection jurisdiction system of the United States and the European Union to further improve China's application of the doctrine.Expanding the inconvenient court space in China,reducing the court's concerns in applying this doctrine,and promoting the perfect development of China's foreign-related civil and commercial litigation rejection system.The main content of this article is divided into three parts:The first part analyzes the problems that arise in China's current application of the forum non convenience.The disputes mainly applied to the doctrine from the academic level,the deficiencies stipulated in the doctrine of legislation,and the application of the doctrine in the judicial practice of the people's courts of our country.The second part analyzes the reasons why China's current application is inconvenient for the abovementioned problems: the inherent thinking of applying the forum non convenience ignores international coordination,and the forum non convenience in the context of statute law lacks flexibility and refuses to govern the lack of relevant systems.And the relevant systems that compare the refusal of the United States and the European Union are the United States' rules of res judicata and the court first sized of EU,with a view to providing China with reference.The third part,a hierarchical and systematic combination of the experience and lessons of the United States and the European Union,proposes corresponding solutions: the inherent thinking of changing the inconvenient court principle in the context of globalization,the legislation to improve the doctrine and the related system of refusal of jurisdiction,and promote China the solution to the active conflict of jurisdiction of foreign-related civil and commercial matters.