Private International Law, Abuse Of Process

Abuse of process is a conception of torts, originating from Common Law System, while Continental Law System pays less attention to it. There are much space left for abuse of process in Private International Law which aims to regulate the conflict and application of law. Compared to the ordinary process of domestic litigation, abuse of process in Private International Law is of great peculiarities. Thus the systematic significance as well as the deficiency of research demonstrates the value of research into the abuse of process in Private International Law.The thesis is composed of four sections and amounts to more than 30,000 words. Section Ⅰ discusses the general theory of abuse of process which includes the logic limitation to the conception and the dynamic analysis of it's origination, in order to prepare a fundamental research circumstances. When defining the abuse of process conception which is still in dispute, the author presents personal understanding about it, that is, abuse of process means the litigants, especially the parties and judges, abusing their procedural rights and powers, violating the due process of law. To clarify the logic limitation, the author compares it with another two relative conceptions of procedural violation and procedural flaw, and displays their significant differences in the legal results. The seeking for the interests' boundary and procedural values of authoritative remedy of abuse of process, presents it's necessity and probability to some extent and prepares for the following discussions.Based on the above-mentioned research circumstances, Section Ⅱ mainly explores the forms of abuse of process within the field of Private International Law, from a realistic perspective. This section mainly centers on the international civil litigation, and analyses the primary forms of abuse of process in the jurisdiction, progression of litigation, choice of law and recognition and enforcement of judgment. The thesis reviews the typical forms chosen from every proceeding phase and presents that abuse of process in the choice of law is of the most peculiarity. Meanwhile, combining with cases, it justifies the existence of abuse of process through the discussion of characterization and ascertainment of foreign law.Section Ⅲ makes a systematic analysis of the abuse of process in Private...