Study On The Application Of The Doctrine Of Forum Non Convenience In China

The Doctrine of Forum Non Convenience (DFNC) plays a positive role in restraining the expanding jurisdiction, alleviating the worrisome burden of the courts, and balancing the interests of the litigants. The DFNC is a doctrine of Common Law, but it's been followed by many countries, including the countries of Civil Law System. There are different opinions about this doctrine in China. This Note will explore the connotation and the value of this doctrine by studying the development and the current application of the DFNC. After a comparing of the mentioned system about DFNC in other countries, at the end of this Note, I would give some humble opinions on setting a DFNC system in China.The main body of this Note can be divided into four chapters.Chapter One of this Note begins by giving a definition to the DFNC, then will explain the development of the DFNC in other countries, which could afford us lessons that merit attention.Chapter Two discusses the current application of the DFNC in the United States, and the controversy between the Common Law System and the Civil Law System about the DFNC when drafting the treaty on jurisdiction in civil and commercial matters.Chapter Three acknowledges the pros and cons of applying the DFNC in China, and gives a conclusion to the prejudication made by Chinese courts.Chapter Four puts forward the advices of how to establish the DFNC system in China on the basis of comparison.