Jurisprudential Analyze On Abuse Of Litigious Rights

All rights have the possibility of abuse. Litigious rights are also not exceptional. Litigious rights endow with litigants the right to protect their rights by judicial procedural. In the processing of the innovation of the administration of judicial, we put more emphasis on the protection of the rights of the litigants instead of the limitation of the abuse of litigious rights. To protect the order of the society and the rights of the litigious, we should not ignore the phenomena of abuse of litigious rights.In this paper, the author will introduce the concept and the origin of abuse of litigious rights, and the situation of the research and innovation about the theory and the institution of it. Some theoretical base of limiting abuse of litigious rights will be analyzed, such as the principle of good faith, and due process. At the end of the article, the methods of limiting the abuse of litigious rights will be introduced, by refer to the foreign's success experience and the condition of our country.