Research On Legal Rules And Regulations To The Right Of Suit Abuses

As long as the existence of the right, there will be abuse of the rights. Right as people request the right to legal relief, of course, is no exception. At present, China's judicial practice, the phenomenon of abuse appeal has been very serious in China's law and practice, although the abuse of the right of appeal to a certain amount of concern, however, both in theory and practice, the right of appeal arising from the abuse of study not yet fully attention, and in China's judicial reform, the emphasis is more of the proceedings to safeguard and protect the rights , but we should not ignore the abuse of right of appeal to the other party and the damage to society.Abused the right of suit not to appear in the ancient times, it was along with the modern society legal system's unceasing development, was following the right magnification tendency the negative product which appeared in the Western society. In the classical natural legal science theory being in vogue time, the right standard thought becomes its basic theory core, the right exercises freely then becomes the object which the law protects. The 19th century last stage, stressed that the social benefit substituted for the classical natural legal science theory for the standard thought's social law theory, the legal safeguard center also from personally changed the society, Under this kind of legal system atmosphere, France presented"the right abuses"the concept first in its legal precedent, the reason to the procedure value and the social equity the overall evaluation, the right of suit abuses also repels for its universal acknowledgment and by the law, And the mainland legal system country exercised from the lawsuit main body to the right of suit surpasses the honest credit principle to regard the litigant to right of suit abusiveness, but the UK-US legal system country violated the right procedure from the litigant behavior the angle to regard the litigant to right of suit abusiveness. The overwhelming majority country in the rules and regulations right of suit abuses in the measure basically unifies through the principled measure and the specific measures regulates the right of suit abusiveness.The right of suit abused both increases the litigant to dispute tired, and has wasted the judicial resources, also affected the judicial efficiency and the social relations stability. But our country already some civil action system with difficulty effectively guards against and the rules and regulations right of suit abuses, the rules and regulations right of suit abuses the fundamental research is also at the initial stage, In order to defend the litigant legitimate rights and interests, the stable social order, abuses the right of suit question to bring to the attention. Links to our country's concrete reality, in profits from other national advanced system's foundation, sets up conforms to our country actual situation guard and the rules and regulations abuses the right of suit system is must with urgent.From right to appeal the basic theory abuse started. First analyzed the civil right of suit to abuse the behavior the elementary theory,introduced briefly the right of suit abused the concept and the elements as well as the type, the cause and the nature which abused to the right of suit have carried on the analysis; Next,introduced Overseas legislation about the right of suit abuses, and carried on the summary of the rules and regulations to the right of suit abuses. Finally, the judgment standard which abused to the right of suit has conducted the research, and the rationale and the present situation which abused to the rules and regulations right of suit have carried on the introduction.In this foundation, how constructed the legal framework to our country which the rules and regulations right of suit abused to propose some suggested: First, should abuse the behavior from the procedural law to the right of suit to give the rules and regulations, including, and establishes principle of good faith in the civil procedure law to carry on the right of suit important document the improvement and the consummation, sets up the right of suit to abuse the fine system and so on; Next, gives the rules and regulations from the substantive law, establishes the right of suit in the civil substantive law to abuse the right infringement damage compensate system.