A Research On The Application Of The Doctrine Of Forum Non-convenience In China

The Doctrine of Forum non convenience is one of the methods to solve the problem of international civil and commercial jurisdiction conflict,it is mainly refers to The court in considering the party interests,national interests,equity and court convenience,to determine whether a case should be tried in the court,so as to solve excessive jurisdiction between countries,the plaintiff "Forum shopping" or "in action" and so on.Since the 1990 s,scholars from various countries have had mixed attitudes towards The Doctrine of Forum non-convenience,and this principle has become one of the most controversial issues in the field of private international law.Prior to 2015,in the case of the application of The Doctrine of Forum non-convenience in the practice of foreign-related trials in China,the courts were only able to ask the Supreme People’s Court for a ruling on whether to refuse jurisdiction.Today,the Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China(hereinafter referred to as the Judicial Interpretation of the Civil Procedure Law)provides special provisions for The Doctrine of Forum non-convenience.This means that the court has a clear basis in the trial of foreign-related civil and commercial cases.However,in practice,there are still some problems in the application of The Doctrine of Forum non-convenience.How to solve the new problems in the application of The Doctrine of Forum non-convenience is the focus of this paper.This paper mainly uses the literature research method,the empirical research method and the comparative argumentation method to study the non-convenience problem of The Doctrine of Forum in China,focusing on the relevant regulations of the Doctrine of Forum non-convenience in China and its problems in judicial practice.Discussions were made with regard to the proposed legislative recommendations for The Doctrine of Forum non-convenience.This article is divided into three chapters.The first chapter outlines The Doctrine of Forum non-convenience in international civil litigation.It focuses on the theoretical basis and the practice in various countries,analyzes the reasons for the most closely related principles,judicial discretion theory,and international comity theory as the theoretical basis.Then,comparing the applicable models of the Common Law and the major countries of the civil law system on The Doctrine of Forum non-convenience,and summarizing the similarities and differences,to learn from the feasible points.The second chapter discusses the development of the Doctrine of Forum non-convenience and the judicial practice in China.It analyzes the development of the Doctrine of Forum non-convenience and is finally stipulated in the judicial interpretation of the Civil Procedure Law.The deficiencies and shortcomings in the formulation.After that,the representative cases before and after the entry into force of the judicial interpretation were analyzed in detail,summarizing the new problems in the judicial practice in China.The third chapter mainly points out the problems of the court judgments in the judicial practice of our country,the rejection of the application for a single reason,the difficulty of the defendant to prove the evidence,the applicable standards,analysis methods and procedural requirements of the Doctrine of Forum non-convenience.On the other hand,it proposes legislative recommendations such as the relevant factors that should be explicitly considered,the improvement of procedural elements,and the reasonable allocation of the burden of proof of the parties.