The Study On Judicial Discretion Of Forum Non Convenien

With the continuous integration of the global economy,there have been more and more international civil and commercial disputes,and the parties have been pursuing maximization of their own interests,such as prosecution and repeated prosecution.This situation not only can not quickly resolve disputes between parties,but also wastes judicial resources.Forum non convenien is precisely established to solve the above situation.It is forum non convenien to protect the legitimate rights and interests of the parties by solving the conflict of jurisdiction in the selection of courts and other international civil and commercial lawsuits.With the in-depth implementation of the principles by national courts,more and more problems have been discovered,such as discrimination against foreign plaintiffs and judicial delays.The root of these problems lies in the excessive discretion of judges in the application of this principle.Should China introduce forum non convenien? After long discussions by scholars,the Supreme People’s Court’s Interpretation of the People’s Republic of China on the Application of the Civil Procedure Law of the People’s Republic of China in 534 th clearly stipulates forum non convenien.To solve our country’s broad foreign jurisdiction.Studying the trial practice of China’s forum non convenien,finding problems in the trials,and proposing targeted recommendations based on the issues are of great significance to the improvement of China’s forum non convenien and foreign jurisdiction system.Especially in the context of our country’s strict restrictions on the discretion of judges,the judicial practice of forum non convenien in China is explored from the perspective of the discretion of judges,which is of great significance for future practice.This article examines the scope of forum non conveniens that gives judges discretion,how the judges in trials exercise discretion,and the extent to which judges have discretionary powers.In response to these problems,we proposed ways to limit the discretionary power of judges,such as the amendments of forum non convenien,the improvement of judges’ literacy,the improvement of the appeal system,and the promotion of the “Convention on Choice of Courts Agreements”.This article is divided into four parts.The first part introduces the implications of forum non convenien in applying the power to freedom of judges.Firstly,it introduced the concept of forum non convenien and discretion of judges.Secondly,it introduced the meaning of forum non convenien applying todiscretionary discretion of judges.Finally,it analyzed the rationality of forum non convenien in the discretion of judges.In order to realize the fairness and justice of the case and the judicial economy and efficiency.The second part introduces judicial discretion of forum non convenien in two legal systems.The common law system introduced in detail the "private interest,public interest" standard of the United States and the exercise of judges’ discretionary power under the "advantageous and unfavorable" standard of the United Kingdom.The civil law system focuses on the exercise of judges’ discretionary power under the Quebec "exceptional" standard and Japan’s "special situation" standard.Finally,the scope of judges’ discretion in the application of forum non convenien is compared in the two legal systems.The range of discretion of the common law system is obviously higher than that of the civil law system.The wide discretion of the common law system increases the risk of abuse.The civil law system strictly limits discretion and is not able to protect the interest of the parties.The third part introduces the supervisory mechanism that forum non convenien applies to discretion of judges.First,it introduced the existing monitoring mechanisms such as the openness of the evidence and the appeal system,and analyzed the deficiencies.It then put forward suggestions for improving the supervision mechanism,mainly starting from the aspects of improving the professional qualities of judges and setting up an appeal system for reasonable examination standards.The fourth part introduces the practice of China’s forum non convenien in the application of discretionary powers of judges.Firstly,it introduced the establishment of China’s forum non convenien,followed by the introduction of China’s forum non convenien applies to judges discretionary standards.Secondly,it adopted similar to the United States "private interest" standard.In the end,we introduced the consummation suggestions for China’s forum non convenien to apply to the discretionary discretion of the judges,proceeding from the amendments to the provisions of forum non convenien and the participation in the process of unifying the jurisdiction,such as the impact of the Convention on Choice of Courts Agreements.