Research On The Principle Of Forum Non Conveniens From The Perspective Of Trial Practice

The doctrine of forum non conveniens,also known as the principle of inconvenient court or the principle of inconvenient jurisdiction,means that if the respondent court is not suitable to hear the case,or if the foreign court is more suitable to hear the case for the reason of convenience,the respondent court may refuse to exercise jurisdiction on this basis.At present,there is not much discussion on the application of judicial practice of inconvenient court principle in Chinese academic circles,which ignores the original intention of transferring national judicial sovereignty and solving international parallel litigation actually promoted the development of globalization.In the new era,which has no great changes in a century,the paper studies the application of the principle of inconvenient courts in our country through the perspective of judicial practice,and gives full play to its function of resolving international disputes,thus promoting globalization and the development of multilateral system becomes more valuable.This paper mainly consists of four parts:The first chapter focuses on the Chinese issue,based on the global perspective,focuses on the definition of the scientific connotation of the inconvenient court principle,combs the historical origin and evolution process of the doctrine of forum non conveniens,analyzes the practice model of the inconvenient court principle in Britain,the United States,Australia,Japan,the Netherlands,Quebec and other countries and regions.On this basis,it summarizes the experience and enlightenment of the global development of the doctrine of forum non conveniens to our country.This chapter holds that,from the historical evolution,the development of the doctrine of forum non conveniens has experienced the embryonic period,the development period and the flourishing period.From the perspective of the basic model,the principle of inconvenient court mainly includes the "more appropriate court" model in the United Kingdom,the "alternative court" model in the United States and the "obviously inappropriate" model in Australia in the global judicial practice.From the perspective of global development,the extraterritorial practice of inconvenient court principle has important reference significance and reference value for our country.The second chapter focuses on the current situation of Chinese doctrine of forum non conveniens,briefly introduces the era background of Chinese inconvenient courts principle,and analyzes the introduction and application process of doctrine of forum non conveniens and the main problems existing in Chinese judicial practice in the light of the relevant cases.On this basis,the main reasons for the emergence of these problems are reflected and summarized.This chapter argues that,from the background of the times,encouraging parallel litigation and solving the problems of "excessive jurisdiction" and conflicts between litigation jurisdiction and arbitration jurisdiction are the considerations of the times for the introduction of the forum non conveniens principle in China.From the perspective of the introduction and application process,it has roughly gone through a period of budding jurisprudence,documentary guidance and legislative improvement.From the main problems,the main problems are the weakening of the value function,the lack of reasoning,the sloppy application standard,the confusion of the application procedure and the lack of guarantee mechanism.From the main reasons,the main factors are the special nature of our court jurisdiction system,the restriction of discretionary power,and the constraint of judges’ quality and ability at this stage.The third chapter discusses the main factors that should be considered in the application of inconvenient court principle.First,it is necessary to consider the new era background of the application of the inconvenient court principle.Second,it is necessary to consider the value function of the inconvenient court principle in the new era;Third,we need to pay attention to the legal basis of the inconvenient court principle;Fourth,it is necessary to consider the adjacent problem of the principle of cooperative inconvenient court.According to this chapter,from the perspective of the new era,the application of the inconvenient court principle is not only an objective requirement for the coordinated promotion of domestic rule of law and international rule of law,but also the only way to create a first-class international business environment for rule of law,and also a realistic need to accelerate the strategic layout of foreign-related rule of law work.From the perspective of value function,we must attach importance to the value of national sovereignty,international coordination,fairness and justice,litigation economic value and judicial assistance value of the principle of inconvenient court.From the legal basis,we must attach importance to the principle of autonomy of will,the principle of the closest connection,the theory of discretion and the theory of international comity.The fourth chapter aims to propose countermeasures for improving the application of the forum non conveniens principle in China.This chapter holds that we should strengthen procedural justice and perfect the value orientation of inconvenient court principle.Refine the application conditions,clear the application conditions of the inconvenient court principle.Remove the restriction of single factor confirming jurisdiction and substituting court,improve the application determination of multi-factor,and scientifically and reasonably define the application conditions of the inconvenient court principle;To optimize the application procedure and perfect the concrete procedure of applying the principle of inconvenient court.Clarify the trial procedures and develop the "two-stage" mode.In the first stage,the court with substantive disputes should be determined;in the second stage,the court with substantive links outside the jurisdiction should be determined whether the justice of the trial can be guaranteed;if not,the people’s court should have jurisdiction over the case.Refine the applicable criteria,insist not to have jurisdiction as the premise of the application of the principle of requirements,improve the content of judgment;Build the guarantee mechanism and perfect the guarantee mechanism of the application of inconvenient courts.