The Abuse Of Procedural Rights And The Regulations Thereof

The concept of actio is very important in the field of civil litigation.But, in recent years , the abuse of actio is usually to be seen , which disturbs the judicial orders and damages the statutory rights of the counterparties . With the speed development of our country`s economy , there are more and more labor disputes , but there is no responding independent procedure to govern these labor disputes , in this circumstance , the hearing of labor disputes has to follow the civil procedures , which gives chances to the abuse of actio. The thesis connects the labor disputes with the abuse of actio to seek the best settlement , the article analyses the causes , harm and how to regulate the abuse of labor disputes , and intents to give some advices to regulate the abuse of labor disputes in our country`s juridical practice .The article can be divided into three parts, including the introduction, the main body and the conclusion . There are four parts in the main body, the most important of which are the third and the forth parts.The first part analyses three typical cases and makes a concise analysis and explain of the thesis` topic.The second part discusses the fundamental concepts. Firstly, this part explains the meaning of labor disputes and the abuse of actio, and compares the procedures of labor disputes and civil procedures. On this basis, the author makes a category of the abuse of actio and lists the special forms.The third part rationally analyses the causes and harmful consequences of the abuse of actio in different aspects, which aims to find a good methods of settlement .The forth part regulates the abuse of actio. This part analyses the problem in three aspects: firstly , start a pre-litigation before the labor disputes . Because the hearing of labor disputes still follows the responding civil procedures, the perfect of pre-litigation may choose the proper cases of labor disputes which can enters into the hearing of the courts. Secondly, the article makes up the legislative loopholes from the current procedures of labor disputes. Thirdly, the perfect of the deficiencies of judicial systems may be one of the causes of the abuse of actio of labor abuses.The last part is the conclusion, which is the summary of the article . It speaks of that the abuse of actio may not only takes places in the field of civil procedures, but in other special fields. So we must consider our conducts and the systems to handle the labor disputes to make up these deficiencies.