Abuse Of Procedural Right And Regulation

Abuse of procedural right means that the litigant and his lawyer, exercise procedural rights by violating the lawsuit goal, and cause the opposing party to suffer harm certainly for violating the other people's legitimate rights and interests intentionally. All rights are faced with the danger of being abused, so procedural rights are not exceptional. The phenomenon that litigants abuse procedural rights sometimes occurs in our judicial practices. With Lawsuit Expense Paying Means appearing and execution, abuse of procedural rights are remarkably going to grow because of lack of fundamental legal constraint. In this article the author conducted the thorough research on abuse of procedural rights, attempting to discover our appropriate legal system.The first part: introduction. With vicissitude of lawsuit expense system as starting point, the author analyses the inevitability of abuse of procedural rights and the necessity of rules and regulations, simultaneously explains the choice of the concept about abuse of procedural rights.The second part: comparative analysis. Through comparative analysis to the Common Law system and the Civil Law system, the author carries on the inspection to abuse of procedural rights in the legislation the theory development and the legal principle theory. The third part: main thesis. The author analyzes important constitutions of abuse of procedural rights according to the nature of abuse of procedural rights.The fourth part: type analysis. According to all kinds of case the author analyzes predominant types of abuse of procedural rights.The fifth part: constraint thesis. The author analyzes related legal and its flaw, thus from prevents to restrictions again to relieves he constructs the complete system about abuse of procedural rights.