The Analysis Of Judical Standard Of Forum Non-conveniens On Huamao Case

The doctrine of Forum non Conveniens is generally believed to have originated in the juridical practice in the mid-19 th century Scotland, it has a great significanse for the resolution of international conflicts of jurisdiction. Nowadays, the doctrine of Forum non Conveniens has been gradually applied widely in juridical practices in many countries such as the United Kingdom, US and Australia, etc. The academic definition of the principle vary, there are also discrepancies as to the judging standards in the court of different countries. This paper focuses on the case of HUAMAO corporation, sumerize and analyze the judging standard of the doctrine of forum non conveniens, thereby sum up the deficiency in China's legislation and practice, and make further recommendations in order to improve China's doctrine of Forum non Conveniens through comparative analysis.1.Propose of doctrine of Forum non Conveniens. Through introducing a case which related to the propose of doctrine of Forum non Conveniens and making a brief introduction of the court's judgment on the case, combining with judicial gist of the court, leads to the main legal issues need to be discussed in this paper, which is how to determine the propose of doctrine of Forum non Conveniens. In this case there are three factors that need to be mainly considered in the process of application, which is convenience factor, the cost of litigation and the enforcement of judgments factor and interest factor.2.The analysis on the constitution of HUAMAO Corporation's doctrine of forum non conveniens. In this section, the author defined the doctrine of forum non conveniens suitable for our country by comparing the pros and cons on three types of models' definition of the doctrine. By comparing what shared in common and what is different in the affirmation factor of the doctrine in the UK, US and Australia, further concludes the definition standard of the doctrine which is suitable for our country, and briefly introduce each factors, then illustrate the position in the recognized standard from interpreting the case.3.The reflection and thinking of the judicial standard from the HUAMAO case. This principle has no provision in China's legislation, it is only in the definition of <People's Republic of China Civil Procedure Law> No. 532 from the supreme people's court. Analyze the recognized issues of China's definition of doctrine through combined analyzing the definition No.532 and the case. Specifically, it is doubted for harsh qualification and excluding the jurisdiction of the foreign courts, but the standard is not well refined enough, which give judges greater discretion space, resulting in issues such as irregularity of judgment due to the different professional capability of judges.4.The enlightenment of refinement on China's doctrine from HUAMAO's case. It is mainly devided into three parts. First, based on the present case, come to the ideal mode of the judicial standard of the doctrine and described particularly. From evaluating the analyzing China's relevant rules, presenting existing issues from current rules. Finally, by analyzing current related rules combining with some of the conclusions derived from above, thus giving proposals and recommendations as to add and refine the recognizable standard factors for China's doctrine through adjusting the definition of judicial interpretation.