On The Abuse Of Civil Litigious Right And The Legal Regulation

Litigation explosion refers to such a situation when the lawsuits'number greatly exceeds the capacity of the courts, resulting in unbearablecourt trials, and this environment provides many possibilities for theabuse of litigious right. Undoubtedly, recent years seen a trend of rapidgrowth in case numbers in China, for the distribution of trial resources arenot reasonable and balanced, some courts cannot assume the burden ofenormous cases, thus the harm of abuse of litigious right becomes moreprominent.For the lack of systematic regulations on abuse of litigious right,there often occurs such phenomenon as unclear defining in practice. Ifabuse of litigious right is defined too harsh, it will greatly harm people'slitigious right; on the other hand, if it is defined too broad, abuse cannotbe effectively regulated and results in the waste of insufflcient judicialresources.This paper aims to clarify the concept of abuse of litigious right andsome other relevant concepts, and to reach a unitized standard through thestudy on identification criterion and manifestation of abuse of litigious right. The aim is to find effective ways to regulate the abuse of litigiousright, and to help revising the civil procedural law and the judicialpractice as well.