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不方便法院原则是英美法系国家在不方便审理案件时,拒绝行使管辖权的一项基本原则。而我国内地的管辖制度,决定了内地法院审理某些具有管辖权的涉港澳台民商事案件极为不便,而司法实践的发展与混乱也亟须立法的肯定与规范,使得该原则在中国也具有了适用的必要性和规范的紧迫性。从目前所成就的条件来看,该原则在涉港澳台民商事诉讼中的适用也是可行的。
The principle of inconvenient courts is a basic principle that Anglo-American countries refuse to exercise their jurisdiction when they are inconvenient to hear cases. However, the jurisdictional system in the Mainland of China determines that the Mainland courts are extremely inconvenient in handling certain commercial and commercial cases involving Hong Kong, Maucao and Taiwan that have jurisdiction. The development and chaos of judicial practice also urgently require the recognition and standardization of legislation so that the principle also has The necessity of application and the urgency of the specification. Judging from the current conditions, the application of this principle to litigation involving Hong Kong, Macao, Taiwan and the people is also feasible.