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Effective Regulation On Abuse Of Civil Action Right

Posted on:2014-01-05Degree:MasterType:Thesis
Country:ChinaCandidate:L F JiangFull Text:PDF
GTID:2246330398460364Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, behaviors of abuse of civil action right take place frequently, which have great influence on the legal interest of counterparts, normal judicial procedure of the state and even the stability of social order. Effective regulation on behaviors of abuse of civil action right has become an inevitable requirement for promoting Chinese legal construction and maintaining rights and interests of people. Faced with such an appeal, Chinese civil legislation fails to give a good response. Therefore, in-depth doctrinal analysis and research on this issue and exploration of an efficient path for problem solving seem very necessary.Currently, there are non-unified understandings of abuse of action right in Chinese academic world. Therefore, it is necessary to define the definition and key components of abuse of action right. This paper connects abuse of action right with establishment objectives of action right. Once an action right is executed intentionally beyond its establishment objectives, abuse of action right is constituted. In form, abuse of action right is generally manifested as malicious action, action fraud, repetitive action and behaviors of abuse of specific action rights.In China, the most in-depth reason for frequent occurrence of abuse of action right is the publicity of one-sided concept of right of the masses. That is, they only pay attention to their own rights and interests but neglect all other rights and interests, which result in litigation tendency of dispute settlement methods. The lack of punishment mechanism of abuse of civil action right in the existing civil action system more enhances the motivation of abuse of action right objectively. Moreover, the lack of social honesty has certain influence on abuse of action right.The harm of abuse of civil action right is self-evident. First, private right invasiveness of abuse of civil action right. It is an infringement act, which causes intentional infringement to private legal rights. Second, judicial invasiveness of abuse of civil action right. It severely disturbs the normal judicial order and causes wasting of judicial resources. Third, the substantive characteristic of abuse of civil action right is its disregard for human right behind private right invasiveness and judicial invasiveness of abuse of civil action right.The behavior of abuse of civil action right is not a specific product in Chinese judicial practice. Judicial practice in various countries in the world has been subject to the disturbance of such behaviors. Therefore, it is necessary to investigate extraterritorial regulating mechanism for abuse of action right. This paper finds factors that can be used for regulating abuse of civil action right in China for reference and can elicit thinking through reference to continental law and Anglo-American law typical countries. To realize effective regulation on the abuse of civil action right in China, design and arrangement should be conducted in two aspects-beforehand prevention and post regulation with a view to the status of Chinese judicial practice in combination with specific national conditions on the basis of drawing upon effective experience of two major law countries in regulating abuse of civil action right. Beforehand prevention system includes the establishment of diversified dispute settlement mechanism, guidance on citizens to establish a correct concept of power and cultivate of high-quality lawyer team. Post regulation system includes the establishment of application of the principle of good faith in civil procedure act and tortious liability of abuse of civil action right.
Keywords/Search Tags:abuse of civil action right, good faith principle, tort liability
PDF Full Text Request
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