不方便法院原则三题

不方便法院原则是当代国际私法领域内最富争议的问题之一 ,赞成者有之 ,抨击者亦有之 ,两方观点相持不下 ,难分伯仲。但不论赞成者或抨击者 ,用以支撑其观点的所谓依据中不乏谬误之处 ,均未能建立起经得起推敲与辩驳的完整理论体系。本文只对其中的三个问题作些探讨 ,以期对厘清不方便法院学说有所裨益

On the Rule of Inconvenient to Court

The doctrine of forum non-convenience is one of the most contentious questions in the area of private international law Some people approve of it; others attack it Each side does insist on their own position However, there are some falsehoods indeed about the basis, which both contrary sides hold to support their viewpoints Neither of them can establish a complete theoretical system that can stand the test of deliberation and controversy Inthis thesis, I will probe into only three of these questions about the issue, hoping to help making the problem about the doctrine of forum non-convenience clear and understandable