从印度博帕尔毒气泄漏案看不方便法院原则

盛行于英美法系国家的不方便法院原则,对于解决国际民事管辖权冲突、方便当事人诉讼、减轻法院负担及促进国际合作与礼让具有重要意义.印度博帕尔毒气泄漏案是美国法院依据不方便法院原则中止诉讼的最著名的判例.通过这一判例可以看到,在我国的立法和司法实践中引入"不方便法院原则"是非常必要的.

Reflection on the non - convenient principle of court on the basis of poisonous gas leaking case in India

The non-convenient principle of court is overwhelmingly adopted in the countries that form their law systems on the basis of British and America. It is highly significant to solve the problem of international ju- risdictional conflicts of civil affairs, make the litigants' lawsuits convenient, lighten the working burden o~ court, and even promote international cooperation and the comity of nations. The judicial treatment of Indian poisonous gas leaking case can be taken as the most well known case for its suspension based on the non -con- venient principle by American court. This law case indicates that an introduction of "non-convenient princi- ple" into the practice of legislation and judicature in China seems to be very necessary.