论文部分内容阅读
不方便法院原则是解决国际诉讼竞合的一项原则,其在英美法系国家基本得到普遍的认可,也被部分大陆法系国家所采纳。随着中国政治经济的发展,与世界各国的联系越来越多,涉外诉讼也日益频繁,有的学者适时提出借鉴国外的不方便法院原则来解决我国涉外民商事诉讼中的管辖权竞合问题,而有的学者则以为我国法制传统从根本上与英美法系国家不同,不能引进不方便法院原则。本文同意前者的观点,认为应结合中国的法律特征,构建中国特色的不方便法院原则制度。
The principle of inconvenient courts is a principle to solve the competing international litigation. It has been generally recognized by common law countries and adopted by some civil law countries. With the development of Chinese politics and economy, there are more and more connections with other countries in the world and litigation with foreign countries is becoming more and more frequent. Some scholars put forward at the proper time to draw lessons from the foreign non-convenience court principles to solve the competing jurisdiction issue in civil and commercial litigation related to foreign countries , While some scholars think that the legal tradition in our country is fundamentally different from Anglo-American countries and can not introduce the principle of forum for inconvenience. This article agrees with the former viewpoint and holds that the system of principles of inconvenient courts with Chinese characteristics should be constructed in light of the legal characteristics of China.