A Study On Tort Liability Of Abusing Civil Action Right

The current society is a society ruled by law, the exercise of the right of action is an effective means to safeguard their legitimate rights and interests of citizens, which is one of the hallmarks of modern civilization development. But with the economic development, increased abuse of the right of appeal for civil conduct civil disputes accordingly showing growth. This question raises legal theory and practice of common concern and attention. From the point of view of procedural law on the part of the abuse of the right to appeal the conduct of civil regulation, but the relevant laws and regulations such as the level of substantive law, tort law, but the act is not made, there is no physical responsibility supported so also applicable procedural law becomes difficult, the right to appeal against the abuse of civil behavior regulation is difficult to obtain good results. Therefore, China needs to establish abuse of the right of appeal in civil tort liability system.Based on the reference civil law and common law on the legislation, mainly on the extraterritorial legislation Defining the relevant provisions of tort liability and the abuse of the right to appeal a civil action, combined with China’s reality, the abuse of the right to appeal the conduct of civil conceptual analysis and Classification and analysis of the current status of social justice and the harm of the act demonstrates the abuse of the civil right of action Actions in the necessity and urgency. Then, it will be locked in the other main responsibilities of the civil tort of abuse of the right to appeal, first clear the nature of the act of tort, which belongs to the general tort and not belong to a special infringement. Next, tort liability constitutes the "four elements," said the basis of analysis of the abuse of the right of appeal in civil tort liability of the four constituent elements, one embodiment of the perpetrator of abuse right to appeal a civil behavior; the second is the abuse of the right to appeal a civil behavior specific facts of damage; Third, the abuse of the right to appeal a civil behavior and the damage there is no causal relationship between the legal result; fourth is the perpetrator of abuse of civil right of action exists fault. Finally, a clear responsibility in the form of abuse of the right to appeal violations of civil commitment and specific scope, mainly divided into the spirit of property damage liability and damages, in order to establish an abuse of the right to appeal the infringement on civil substantive law Remedies.