Tort Liabilities For Abuse Of Rights Of Suit

To decide tort liabilities for conducts of abused using of litigation rights, it should be clear that this kind of conduct belongs to civil tort conducts in nature, and they are embraced by general civil torts, rejecting with special civil torts. The criteria to recognize such a tort should be: first, the party has performed acts of abuse; second, the actor is at fault; third, there are facts of concrete infringement; lastly, there are direct relationship of cause and effect between the conduct and the consequence. To prevent and control of suits of abuse, special attentions should be paid to construct varieties of dispute dissolution mechanisms, which have a direct or indirect enhancing effect in preventing the occurrence of such abuses. And the idea to construct mechanisms of grassroots mediations and regulate outside of court is suggested– through persuasion and proper redirection, diverse conflicts of interests could be dissolved to the utmost; with functions of conversation, communication and regulation that implicated in the mechanism,“flipping to law suit”could have been well avoided. Besides, in probing procedural regulating mechanisms, there are arguments to reform certain relatively back-forwarded regulating mechanisms stipulated in the Civil Procedure Law: first, change the mechanism for hearing so as to regulate conducts of abuse of right to action; second, construct independent pre-court procedures with function to regulate litigant acts, so as to figure out and make decisions to the litigant acts of the party at an early stage; third, strictly restrict appealing conducts in accordance with the elements to appeal. To construct the redress mechanisms, there are two ways. The first way is to strengthen the Civil Procedure Law. And at least four efforts need to be initiated for this purpose: first, establish procedures to start independent law suit against torts for abuse of Litigation Rights; second, make use of the rules to burden of proof and deal with this kind of suit with great prudence; third, grant pre-action, and in-action, motion to case withdrawal to the victim; fourth, adopt the rational core of Lost Deposit System and selectively apply this system. The second way is to construct redress mechanisms in substantive civil laws, arguing that: first, the forms of liability should be clearly acknowledged at the first place so as to delimitate the boundaries between each liability; second, applicable civil laws should lay out the sphere to compensation in a precise way, so as to establish the basis and means of statutory relief; third, rules on indemnification should be reasonably set, so as legal means and principles of compensation for tortious conducts of abused using of litigation rights could be established.