On The Principle Of Inconvenient Court

National sovereignty is the foundation of a country to get a higher status inthe world’political, economic and cultural fields. Every country tries its bestto win respect and get the power to speak, including judicial jurisdiction. Withthe development of international economy exchanges, there are more and moremultinational civil and commercial disputes. In order to protect the interests ofcitizens, legal entities and the whole nation, some countries(the United States)uphold the principle of Long-arm jurisdiction and some nations base on universaljurisdiction to gain the international civil and commercial jurisdiction. Under theprinciple of long-arm jurisdiction, many countries have right to hear the same case.This leads to parallel proceedings and foreign courts do not recognize and enforcethe judgment. This not only wastes judicial resources,but also infringes on theinterests of parties.To solve this problem, many countries turn their eyes to the doctrine of forumnon conveniens. On the one hand this doctrine safeguards the rights and interestsof parties, on the other hand it economizes the costs of justice and improves judicialefficiency. Many cases prove the rightness of this doctrine. Based on the originalityan value of forum non conveniens, this paper introduces the doctrine’s developmentin the main countries and offers suggestions regarding legislation of this doctrine.Part one summarizes the doctrine of forum non conveniens. Firstly, the paperintroduces several definitions of foreign and Chinese scholar and makes summary ofthe characteristics. Secondly, this paper tells the originality of the doctrine.Thirdly, the author explains the theory of Form Non Conveniens. Finally, this paperexpresses the positive and negative value of this doctrine.Part two introduces the development of the doctrine of form non conceniens inthe main countries. In the common law countries: the most suitable forum in America,more suitable forum in England and evidently improper forum in Australia. Among thecivil law countries, Germany and Japan establish similar jurisdictional system. Inaddition, this paper also introduces the international treaties’ attitude to thedoctrine.From the third part, the paper begins to stress the apply of the doctrine offorum non conveniens in China. In early days, law academics start to discuss andstudy the doctrine of forum non conveniens and produce some theoretical law works. However, there are only some judicial interpretations, without formal legislationabout the doctrine of forum non conveniens. Fortunately, this doctrine is appliedin many cases in practice. All of these illustrate that it is necessary to makelegislation regarding the doctrine of forum non conveniens. Then this paper explainsome thoughts and visions of the construction of the doctrine of Forum Non Conveniens,including procedural and substantive aspects.