Recognition System

Characterization is one of the most basic and important issues in the field of private international law. The importance and complexity of it endows the research with significance in both theoretical field and international judicial practice. Based on the disputes and arguments of the concept, the object and the basis of characterization, the thesis focus on both basic and new issues of characterization.The thesis is divided into the following parts:The preface primarily introduces the history of characterization , lists the main controversy about characterization and summarizes the main thread of the thesis.Chapter one summarizes the main controversy about characterization. This chapter begins with the controversy about the definition, the object and the stage of the characterization occurred, and then analyzes the nature and the disputes about the causes of the conflict of characterizations,and finally outlines the controversy about the basis of characterization and discusses the solution of the conflict of characterizations.Chapter two discusses the task of characterization, analyzes the meaning of identifying the applicable law and makes a distinction between identifying the applicable law and proof of foreign law. On this basis,we should make a point of study secondary characterization as it exists objectively.Chapter three begins with the definition,the types and the causes of the characterization error,and then discusses the possibility of characterization error existence throughout each stage of an international lawsuit.Chapter four generalizes the main international legislation mode on the characterization ,concentrates on the related laws and judicial practices in china.On this basis,the author discusses whether it's necessary to solve the characterization issues through legislation. Upon analysis of the existing laws and cases,the author gives some comments and suggestions for improvement of the system of characterization in China.