The Legal Regulation Of Abuse Of Procedural Rights Of Civil Procedure Law

Procedural rights ensure that people seek legal relief to achieve substan-tive rights. With the development of modern law and the ceaseless arousal of rights consciousness, the security theory of procedural rights obtains the great attention in the area of law. However, compared with the former, the study of abuse of procedural rights is developing slowly and not balanced. In the field of civil litigation, the law gives the subject of civil litigation extensive rights, under the motivation that litigant pursue the greatest benefits, civil procedural rights will inevitably exist the danger of abuse. The number of legal provisions about our law on the regulation of the abuse of procedural rights is little and provisions are just principle terms, so that victims of rights abuse can't get legal protection and the corresponding compensation, At the same time, if the abuse of procedural rights couldn't be effectively inhibited, it will cause tension between the subjects of litigation and the waste of judicial resources. It will cause tension between the subjects of litigation. In order to realize the balance of interests between each subject, it is important to strengthen the research of regulation on the abuse of procedural rights.This essay emphasizes the importance of studying the abuse of proce-dural rights and the regulation. And consists of three parts:introduction,the main body and conclusion. The main body of this essay consists of four parts:The first part is the summary of the procedural rights abuse. The author discusses the concept of abuse of procedural rights, discriminate the related concepts, and inquire into the constitutive elements of crime, social harmfulness and causes.The second part is current situation of procedural rights in our country. On the current China's judicial practice, the categories of the rights abuse and performance are classified, and defect of the legal provisions are analyzed.The third part is about the comparative study of the abuse. The author introduces and compares the provision of the procedural right abuse between continental law system countries, such as France, Germany, Japan, and Anglo-American Legal System countries, such as the United States and the United Kingdom. And analysis the enlightenment to china of provisions of abuse of procedural rights of two legal systems.The fourth part is the legal regulation of procedural rights abuse. Directing against the problem procedural rights abuse in our country, in the process of enacting legal regulation of the rights abuse, our country can learn the advanced concept and the specific system of two major legal systems, at first in our civil procedural law,"principle of honesty and credibility" should be established; secondly, the measures of the specific regulation are made in developing the procedural law and entity law; thirdly, pretrial and trial regulation should be combined in the specific regulation. On the basis of normative research and case analysis, a certain number of regulation suggestions should be offered respectively from civil procedure law, civil law and criminal law.