A Practical-Professional Study On The Abuse Of The Civil Procedural Rights

The abuse of the civil procedural rights in the civil litigations of China is a more easily-seen problem, which severely influence the perfection of the civil procedural system. This article begins with the status-quo of the abuse of the civil procedural rights in our civil lawsuit. It has analysed the causes of the phenomenon of the abuse of the civil procedural rights and the precautions, along with the cases relative to them. It maintains that we should prevent and standardize the act of abusing the litigious rights in the following respects, the institution and perfection of the systems of damages of the abuses of the civil procedural rights, the foundation of the systems of security in litigation, the rearrangements and cleaning of the law-service market, the strengthened construction of people's mediation commission, the rigorous examination of putting a case on file, in order to rule out the phenomena of abusing procedural rights in our civil procedure and try to validly accelerate the realization of the eternal main theme of justice and efficiency eventually.In the civil lawsuit, a few litigants adopt the strategy that " if they are to win the lawsuit, they will go on; if not to win ,then withdraw", which cause the otiose litigation, whose intention is to waste the other party's manpower and material resources, seeking pleasure in pursuit of harming the other party. And this is the behavior that abuses the civil litigation rights. This kind of behavior has severely lavished the very, very limited litigation resources in our country. It has also treaded on the dignity of the law in our country. Although the party may take the risk of losing a lawsuit, when being cast in a lawsuit, especially when dropping a lawsuit, he undertakes only 50% of the low litigation fee issued in the 1980's. Several ten dollars' fee is so small a quantity that it cannot compensate for the damages made to the nation and the adversary. It is only provided in article 50 in《CIVIL PROCEDURE LAW OF THE PEOPLE'S REPUBLIC OF CHINA》that "parties to an action must exercise their litigation rights in accordance with the law", without any provisions to limit or punish the litigant who exercises his rights to sue incorrectly especially abuses his litigious rights, which lacks the nature of manipulation. This article gives some superficial analyses on how to prevent and punish those who abuse their civil litigation rights in order to be able to protect the legal interests of the citizens, the corporations and other organizations, and embodies the eternal main theme of justice and efficiency.The origin of the misuse of the civil procedural rights is not an occasional cause. It is a historical inevitability. The study of the theory of the civil rights of action has been called as "Goldbach's conjecture" in the study of science of civil procedure law ,and there are few articles in relation to how to prevent and provide the civil rights of action published on newspapers and magazines, because such a kind of study will quite easily be an suspicion running counter to the process of democracy if there is a slight carelessness. In reality this is a kind of misunderstanding. None is allowed to endanger the benefits of the nations, the public and the legal rights of others when he exercises his rights in any county, without considering their ideologies, and no rights are without limits. It demands that the studies be enhanced in the realm of theory to find out the inner regularities of it and the useful lessons be drawn from judicial practice in time, both of which can afford the legislators bases in order to achieve the aims that the parties concerned can maintain their rights and the People's Court can judge in accordance with the law, the procedural resources of our country can be utilized to the utmost limits of it and not squander a little.