On The Application Of The Inconvenient Court Principle In China's Judicial Practice

In recent years,with the close international civil and commercial exchanges,the number of foreign-related jurisdiction cases is also increasing.The principle of inconvenient court is created to solve the jurisdictional conflict,to deal with the phenomenon of "selecting the court for the plaintiff" and to avoid the contradictory judgment caused by parallel litigation.As a sign of comity in international private law,it can facilitate the timely and effective settlement of international civil and commercial disputes.In judicial practice,we also find that more and more parties have filed applications for the principle of inconvenient court,and the court is gradually updating its thinking and application of the principle.On February 4,2015,the supreme people's court issued an interpretation on the application of the civil procedure law of the People's Republic of China,in which article 532 clarified the provisions of the principle of inconvenient court.Although the judicial interpretation provides the direction for the inconvenient court principle,there are still many problems in the judicial practice of Chinese courts.Therefore,this paper aims to analyze the application and existing problems of the principle of inconvenient court in judicial practice in China by means of empirical and comparative research,in order to make Suggestions for the improvement of the principle system of inconvenient court and to provide Suggestions for the application of the principle of inconvenient court in judicial practice.The full paper is divided into four chapters.By sorting out the judgment cases of Chinese courts in the decade from 2009 to 2019,the paper intends to study the following aspects: analysis of institutional provisions,analysis of existing problems in judicial practice,analysis and solution of problems:The first chapter explains the principle of inconvenient court briefly,including analyzing the historical evolution of the system from the perspective of the origin of the system and the development of the system in China.Secondly,it analyzes and evaluates the inconvenient court principle stipulated in the judicial interpretation of our country,and explores the purpose of the provision and the specific function of each provision.Finally,through case analysis,the paper summarizes the typical problems of inconvenient court principle in judicial practice in China.The second chapter makes a deep exploration of the existing problems in our country.First,it introduces the current judgment situation of the inconvenient court principle in our country's courts,including listing the typical cases that support the application of the inconvenient court principle and summarizing the judgment reasons given by Chinese courts for refusing to apply the inconvenient court principle.Secondly,it analyzes and summarizes the judgment situation of Chinese courts,explores the characteristics of the judgment reflected behind the application of consent,and analyzes the reasonableness and irrationality of the reasons for refusing the application.Finally,the paper probes into the reasons behind the existence of the inconvenient court principle.The third chapter analyzes the typical cases of applying the principle of inconvenient court in Anglo-American and civil law countries,and the factors considered in the application process.The fourth chapter puts forward some Suggestions on the principle of inconvenient court in the judicial practice of our country.Based on the research of scholars at home and abroad academic research results and exploration practice,on the basis of combing the domestic and foreign court considering the existing problems and combined with the actual situation of the case after,put forward the author's opinion,the specification on the legislation of the corresponding applicable standards,for the design of procedural system,the judicial level through regulating the judge's discretion,in order to achieve perfect the principle and effect of our country's system of civil jurisdiction concerning foreign affairs.