A Research On The Principle Of The Prohibition Of Abuse Of Rights In International Civil Jurisdiction

In recent years,the Principle of the Prohibition of Abuse of Rights has become one of the bases of referee favored by the European Court of Justice.The application of the principle has gradually expanded from the adjacent relationship to other private law fields,and now it can even be seen in the field of public law.Jurisdiction is the primary problem encountered in resolving transnational civil disputes and it falls within the scope of public law.In international civil litigation,the abuse of rights by the parties often occurs,and it may also lead to the non-standardization of the application of the jurisdictional rules,thereby damaging other interests.As an extension of the principle of private law in the field of international civil jurisdiction,the Principle of the Prohibition of Abuse of Rights does not allow parties to harm others and public interest.Although it has not been clearly recognized as the EU’s basic principles,it is highly valued for its effectiveness in applying the rules of normative jurisdiction.With the changes and development of the social system and economic structure,the simple application of the Principle of the Prohibition of Abuse of Rights has been difficult to exert its due effect,and Its application must consider a number of factors.The EU is the most mature and developed national union in the world.The European Union gives the European Court of Justice the right to interpret the determination of abuse of rights in accordance with the Brussels System through pre-judgment power.Although it cannot fully unify the provisions of member States on abuse of rights,the interpretation of the European Court of Justice is the only way to ensure the uniform interpretation and application of Community laws.This paper analyzes the application of the Principle of the Prohibition of Abuse of Rights in relevant jurisprudence through the collection and collation of the jurisprudence of the European Court of Justice.The author believes that the European Court of Justice has the following problems worthy of discussion when applying this principle: First,the applicable standards of the Principle of the Prohibition of Abuse of Rights need to be clarified in the field of international civil jurisdiction.Second,whether the consideration of the Principle of the Prohibition of Abuse of Rights has changed.Combined with theoretical development and judicial practice of the European Court of Justice,this article will discuss the application status and the prospect of the Principle of the Prohibition of Abuse of Rights in the field of international civil jurisdiction through four parts.The first part is about the author’s basic understanding of the Principle of the Prohibition of Abuse of Rights and the rationality of its application in the field of international civil jurisdiction.European Union have their own unique political and economic conditions and legal backgrounds,which determine that there must be differences in the content of abuse of rights in various countries.The ruling of the European Court of Justice is of great significance for the unification of identification standards.Therefore,in the second part,three representative cases are selected to study the specific attitude and considerations of the European Court of Justice in making judgments by applying the Principle of the Prohibition of Abuse of Rights through combing and integrating the judgments in the field of international civil jurisdiction.Through the analysis of subjective and objective factors of the parties,the European Court of judgments could determine the fact of abuse of rights,regulate the parties’ behaviors and require the parties to correctly apply the jurisdiction rules by interpreting the rules.The third part mainly studies that under the premise of abuse of rights,the situation in which the European Court of Justice has not made a court judgment on the Principle of the Prohibition of Abuse of Rights.In view of the basic principles of the Brussels system-the principle of mutual trust and the implementation of the principle of legal certainty,the European Court of Justice should exercise great restraint when applying the principle.The fourth part is a comprehensive analysis of the consideration of the application of the Principle of the Prohibition of Abuse of Rights in the European Court of Justice.On the basis of the subjective and objective factors of the inherent considerations,the European Court of Justice will also judge basic principles of the Brussels system and protection of human rights as the flexibility considerations in order to correct the injustice that may arise from the simple application of subjective and objective criteria.The author argues that under the background of economic prosperity and social progress,the European Court of Justice should make more comprehensive considerations when applying the Principle of the Prohibition of Abuse of Rights,and the elastic factor should also be taken into consideration.As corrective factors,there are also problems in value measurement between judgment liquidity and protection of human rights in the case,and,not always one of them dominates.At the end of the article,the author prospects the application of the Principle of the Prohibition of Abuse of Rights in the European Court of Justice,and expects it to play a greater role in the field of international civil jurisdiction!...