Study On The Application Of The Principle Of Forum Non Conveniens In China

With the in-depth development of economic globalization,international civil communication is becoming more and more frequent.Due to the great differences in the provisions of jurisdiction among countries,coupled with the active expansion of jurisdiction,the conflict of international civil jurisdiction appears.The issue of jurisdiction is related to the outcome of the trial of the case,it is closely related to the immediate interests of the parties and the realization of fairness and justice.As an effective measure to resolve the conflict of jurisdiction,the principle of forum non conveniens has been accepted and applied by more and more countries and regions.Therefore,in order to complied with the historical trend,our country have gradually recognized and formally established this principle.This paper mainly combines the legislative and judicial practice of the principle of forum non conveniens in China,by using methods of literature research,case analysis and comparative analysis to analyze the current situation and existing problems of the principle of forum non conveniens in China,and puts forward corresponding suggestions to promote the principle of forum non conveniens to play its due role better.The main content of this paper consists of four parts.The first part is mainly about the basic introduction of the principle of forum non conveniens.The first is about the specific meaning of the principle of forum non conveniens,followed by the introduction of the relevant theoretical basis of this principle,including the discretionary power,the doctrine of the most significant relationship and the theory of international comity.Finally,it points out the function and shortcomings of this principle.It is of great significance in restraining the excessive expansion of foreign jurisdiction,balancing the interests of the parties,realizing fairness and justice of the case,saving judicial resources and improving the efficiency of the court.However,it also has some shortcomings,such as abuse of discretion by judges,negative conflict of jurisdiction,reduction of legal certainty and unpredictability of the results of legal application.The second part mainly describes the present application situation of the principle of forum non conveniens in China.Firstly,it introduces relevant provisions of this principle in China.According to the attitude of our country towards this principle,the author divides it into three stages:denial stage,loosening stage and recognition stage,and briefly analyzes the reasons for the change of the relevant provisions of this principle in China.Then the author discusses the judicial practice of this principle in our country.Taking the formal establishment of this principle as the demarcation line,the author divides the judicial practice of this principle in China into the judicial practice before the formal establishment and the judicial practice after the formal establishment.The author focuses on the analysis of cases related to this principle since the implementation of interpretation of the Civil Procedure Law,and specifically analyzes how many cases applied this principle and the reasons for not applying this principle,so as to summarize the characteristics of the application of the principle of forum non conveniens in China.This part lays a foundation for the analysis of the problems existing in the application of this principle in China.The third part mainly analyzes the existing problems in the application of this principle in China.The application of the principle of forum non conveniens in China exists some problems,such as not clearly stipulating the time for the defendant to raise the jurisdiction objection and the allocation of the burden of proof,without specific standards judging that foreign courts are more convenient to hear cases,unreasonable results of the application of this principle,not clearly stipulating the way of appeal review,and setting the threshold of refusing jurisdiction too high.The purpose of analyzing the problems existing in the application of the principle of forum non conveniens in China is to put forward corresponding suggestions to solve these problems.The fourth part gives corresponding suggestions for the improvement of the questions raised in the third part,including making clear that defendant should raise objection to jurisdiction during the period of submitting a statement of defense and should bear the burden of proof,clarifying the specific criteria for judging whether foreign courts are more convenient to hear the case,perfecting the results of the application of this principle,clearly stipulating the way of appeal review,using the conditions for refusal of jurisdiction flexibly,so that this principle can play a better role in China.