| The doctrine of forum non conveniens can be defined as a general discretionary power of a court to decline the exercise of jurisdiction over a foreign-related case on ground that such case is better tried by a foreign court or not appropriate to be tried by a local court. Originated in England, it has gradually developed into an important system in Anglo-American private international law profoundly affecting the determination of international jurisdiction. This system lacks reasonableness and unified standard of application. It gives the judges too much discretionary power in handling cases and can be easily manipulated by a party or the court, leading to inconsistency of the results of application. Apart from a few common law count ries and regions, this doctrine is rejected by the majority of the count ries in the world. The Chinese court should not apply this doctrine in handling foreign related cases. |
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