中国的非方便法院原则

Forum Non Convenience in China

现代各国管辖权的扩张 ,国际民事管辖权积极冲突大量存在 ,非方便法院原则作为一种解决管辖权积极冲突的有效手段 ,其以内在的合理性为自己赢得巨大的生存空间 ,并在晚近的国际立法中得到体现。我国的立法也为非方便法院原则留下潜在的空间 ,在我国的司法实践中有不少体现与发展。

Due to the expansion of the jurisdiction in every country, the conflicts of international civil and commerce jurisdiction exist very commonly. As a effective instrument to solve the positive conflicts of jurisdiction,forun non convenience gets a large survival room for its innate reason, and has been reflected in international legislation lately.This principle was not only given potential room by the legislation of china, but was embodied and developed in judicial practice in china.