Conveniens Doctrine Explore

As the globalized economy is developing, China will give more chances to its citizens and legal persons to take part in the international civil and business interchanges. At the same time, there will be more conflicts in the field of jurisdiction. The principle of Forum Non Conveniences is of great importance to resolve the conflict of international civil and business jurisdiction by means of discontinuing or refusing the case. It not only protects the legal right and interests of the country and its citizens but also embodies the international coordinating spirit, helpful to the development of relationship between countries. At present it is necessary to adopt the principle in our legal system to deal with the conflict of international and inter-region civil and business jurisdiction. The author will research in this principle.Part I . The author expounds the doctrine. First, compare several different concepts and define the principle of Forum Non Conveniences all-sidedly. And then summarize the characteristics—judging freely and balancing interest. At last, expound its origin and development in countries of common law and continental law and see two different attitudes, meanwhile searching for reasons.Part II. The application of the principle of Forum Non Conveniences is analyzed in detail. First, compare two different patterns—most suitable forum approach in England and America, evidently improper approach in Australia, making advantages and disadvantages clear. And then, find out the foundation of application in theory of law field and prove it reasonable in two aspects—the doctrine of autonomy and most close relation. In the light of different approaches, the author expounds its conditions in application. At last the author analyzes the features and practice of the doctrine in different countries and international treaty and reveals its good points and bad points.Part III. This part is about the application of the principle of Forum Non Conveniences in China. The author introduces its current situation in judicial practice and Model Law of Private International Law of The People' Republic of China and concludes its necessity in international and inter-region civil and business jurisdiction. Further, the author points out its advantages when it is applied in China. In the end, put forward substantive and procedural...