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The Using Methods Of Forum Non Conveniens Doctrine Research

Posted on:2012-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:S J WangFull Text:PDF
GTID:2166330332495084Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
To analyze the Forum non convenience in another way, and tell us how to use it in different ways.There are so many people pay attention to the Forum non convenience. We should, in judicial practice, use the principle in many times. In the past many people have discussed it. But no one can tell us how to use the principle very well. In other world, there are so many papers in the past, but the base problem has not been solved. So in this paper I want to solve this problem very well.In this paper there are five parts. In the first part it tells us the principle how to appear and develop. In the second part it tells us that the principle use in our country. In the third part it tells us that our country needs to adopt the principle. In the forth part it tells us when we use this principle which factors should be considered. In the fifth part it tells us some questions that we should consider.The most important part is the forth one. We review the principle in different points of view and on the base of the international civil procedure and the present situation in our country. 1. a premise 2. take the evidence 3. deposition by witnesses 4. execution 5. the dice game of the parties. So, in this way, it can protect the national sovereignty and the interesting of parties.In the last, I need a case to prove my idea, and compare with the opinion of court of American. In the same time, I find some problems which will meet with in the further; and tell us how to deal with this problem.In the paper I used the comparison method and historical analysis method to prove the principle how to bring,grow,social condition,the problem of use it. On the base of predecessor to dip the necessity that we should use the principle and how to use deeply. In the end we want to find the way to deal with how to use the principle very well.We find out that it is a problem of transplantation of law when we set out the principle. Transplantation of law can promote the developing of law. But it needs a scientific attitude. This problem also should be solved in this paper.The important point we should to be told is add and subtract of evaluates method in the fifth part.This idea coming to me is based the math method. It can limit the border of discretionary power. This is a new opinion.When I discuss the dice game of parties, it incarnates the human rights sufficiently. In the bound of national sovereignty it really protects the interesting of each party.Anyway a case well happens in any ways we cannot presuppose. We should use every condition agile, on the base that it can assure that every base interest can be protected. These conditions are contact with each other. So we may use these conditions at same time. It embodies in the last case.
Keywords/Search Tags:jurisdiction, Forum non convenience, using methods, party, evidence
PDF Full Text Request
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