Study On The Abuse Of Right Of Action Under The System Of Registration And Its Regulation

The civil procedure is the first gate to open the judicial relief process.Therefore,the establishment of the civil filing system plays a vital role in the realization of the litigation and procedural justice of the parties.In China's new round of judicial reform,the filing registration system officially replaced the filing review system has been established in 2015.From the civil record censorship system to the civil registration system is a major change in the field of civil litigation,but also a very social significance of the innovation move.Compared with the past,the registration of the case,the civil registration system is the court received the parties after the prosecution,do not review the substantive issues of prosecution,as long as the plaintiffs complaint in line with the formal requirements,the court should be registered.The new service-oriented approach is conducive to the protection of the parties to the right to sue,enhance the credibility of the judiciary,to resolve the current China's "difficult to issue" problem,to promote the improvement of China's civil litigation structure,more in line with the essential requirements of justice.But in the full recognition of this system basis,we must be rational and objective view of the limitations of this system function.The filing registration system has also increased the risk of abuse of litigation to a certain extent while giving the parties a chance to get a substantive trial at a lower threshold.The maximum protection of the parties' right of action is the original intention of the establishment of the registration system,but when this purpose is used by the lawless elements easily fall into the abuse of the power of adversity.However,the law has no stipulation on the concept and form of abuse of litigation rights,and the lack of regulation of abuse of litigation rights,the weakening of the supervision of the case department,the coordination between the judiciary,and the lack of regulation and control of the abuse of litigation rights.Lack of cooperation,lack of social integrity system,a weak sense of the rule of law and a series of legislative,judicial,social reasons,more exacerbated the abuse of litigation.The right is not without borders,the abuse of the right of action to waste the national judicial resources,damage to the judicial authority,undermine the social order,has touched the legal bottom line,must be regulated.Abuse of the right to appeal only to increase efforts to regulate behavior in order to enable the court,to re-establish public confidence in the filing of the registration system,to ensure that the registration system truly become a highlight of the filing of judicial reform.Therefore,this article through the concept of clear abuse of the right to appeal,and will summarize each case,on the basis of existing laws on the abuse of the right to appeal to build regulation system from the legislative,judicial,three levels of society.So as to strengthen the prevention and regulation of the abuse of the right of action under the registration system in order to balance the relationship between the protection of the right of action and the good faith in accordance with the law,to avoid the use of valuable judicial resources by malicious or improper use,and to remodel the good intentions of the system.