我国应立法确立不方便法院原则

On the Necessity of Legislation towards the Establishment of the Principle of Inconvenient Court

不方便法院原则产生至今天,不仅被普通法系国家广为采用,也为少数大陆法系国家所借鉴。不方便法院原则被一些国家所确认有其法理基础。我国立法确立不方便法院原则也具有其必要性与可行性。我国立法确立不方便法院原则应严格规定该原则适用的条件与程序。

Today, the principle of inconvenient court has been used not only by the common law countries, but also by some countries of continental law system. This principle has been confirmed by some countries as its legal foundation. It is both necessary and feasible to legislate and establish this principle in China. The legislation towards the establishment of this principle should be regulated strictly, concerning the applicable conditions and procedures.