Research On The Abuse Of Litigation Rights In International Civil Proceedings

With the strengthening of international exchanges and the acceleration of the process of legalization,more and more parties choose to rely on litigation to resolve disputes arising in the process of international civil and commercial exchanges.Although the exercise of litigation rights fully and effectively guarantees the legitimate rights and interests of all parties,things have two sides.The abuse of the right of action has brought different degrees of damage to the other parties and even international subjects in the case.The article takes the idea of raising,analyzing and solving problems as the overall framework,which is divided into four parts: Firstly,it defines the act of abusing the right of action from the concept of abusing the right of action in international civil litigation.Secondly,under the background of the development of political systems and the rule of law in various countries,this paper lists,summarizes and synthesizes several acts with high degree of consensus in the practice of private international law,such as "non-substantive links between state litigation and duplicate litigation".Thirdly,from the aspects of historical evolution,system design,legal relationship and the choice of the parties,the legal and practical reasons for the abuse of litigation rights are analyzed one by one.Finally,based on the provisions of international treaties,international practices and China's domestic law,this paper puts forward targeted solutions from the perspectives of pre-litigation consultation to determine jurisdictional rules,full use of international legal principles in litigation,punishment and regulation of abuse of rights after litigation,and legal formulation in the field of private international law in China.