The Abuse Of Procedural Rights (apr)

All rights have the possibility of abuse. Procedural rights are also notexceptional. Abuse of procedural rights ( abbr. APR ) contains the abuse of procedural rights and the abuse of process. APR has invaded the possible benefits of other persons and the justice of the litigation.It needs the system of regulation and sanction. There is APR around the world ,so the systems about APR are established in many countries.There is difference between the Common Law system including England,USA and Australia and the Civil Law system containing Japan, German and Austria. Normally,APR is defined by due process in Common Law system,and in the Civil Law system by subjective state of mind (usually by good faith).APR can be committed in every stage and field among the suit by subtle means,so we can't offer a list of its types.The main types are the abuse of rights of attack and deffence,abuse of right to appeal,contradictory behaviour,abuse in evidence system and abuse of the right of execution.The major measures against APR are striking out a suit or an appeal,fine,fee of the suit and overturning of res judicata.According to the character of two systems,there is difference in the duty of the court and lawyer against APR.Due process and the principle of good faith are the basic theories against APR and they both have unique characters and interact.There are a lot of APR regulated in different name in the practice of litigation of our country. After analysing the major types of APR in our country, some tentative ideas have been put forward to perfect the system of our country by referring to the other countries.