Research On Abuse Of Civil Litigation

In this era of emphasis on civil rights, be undisputed, the abuse of the civil procedural rights in the civil litigations of China is a more easily-seen problem, which severely influence the perfection of the civil procedural system. Especially, good faith is facing a crisis in these years, in the civil action practice, some people for their own interests, take some measures of civil litigation law and order, abuse of civil litigation, this case more and more frequent. For this reason, it is obvious that research on the abuse of civil litigation is of theoretical values and practical significances. So, this article is about abuse of civil litigation’s concept, cause, and harms etc. and compared the anglo-american law system and continental law system of related regulations, according to the regulation of our country’s current law, put forward some suggestions on the regulation of abuse of civil litigation. Excepts of the foreword and conclusion, this paper includes four parts:The first part is mainly expound the legal system of abuse of civil litigation, use the method of determine its connotative, deepen our understanding of abuse of civil litigation, provide the basis for existing problems and improving suggestions, and comprehensive grasp the theoretical knowledge, and lay the foundation for later study.The second part centered on two major legal system, compared the anglo-american law system and continental law system of related regulations, carries out the research in the background of the different legal regulations, and get some inspiration.The third part researches on the legal status of our country of abuse of civil litigation, consider and discuss the new Civil Procedure Law, analysis of advantages and disadvantages, and find out the related issues in the law.And the last part mainly contains some suggestion about the report that establish in the third part, try to through a variety of perfect way, create a better environment of civil action, enhancing litigation integrity, in order to promote our country civil action continuous development.Finally, although the Law of Civil Procedure of abuse of civil litigation has carried on the related regulation, it still need to be better.