A Study On Precaution And Regulation Of Abusing The Civil Right To Sue With The Background Of Case-filing

With the enforcement of the case-filing register system,the litigant could be given more protection by lower barriers to settle the disputes,at the same time,it could be easier to induce the phenomenon of abusing the civil right to sue.It cannot be ignored that the containment of abusing the civil right to sue is concerning to the national legal rights,and the efficient and sufficient use of the national judicial resource is related with social stability and the reform of the judicial system.Therefore,the Law of Civil Procedure issued by China in 2012 practice the after-punishment mechanism to the abusive behaviors of the civil right to sue for blemishing the performing of right of action.However,the abusive behaviors of the civil right to sue have unique characteristics with the background of case-filing register system.Hence,on the basis of grasping the actuality and cause of abusing the civil lawsuit right,and the necessity of precaution and regulation,it should take precaution and regulation measures to solve the abusive problems of the civil right to sue pointedly,and combine the pre-prevention,middle detection and post-regulation,and make them normal.Only in this way,can be solve these issues effectively.In addition to the introduction and conclusion,this paper includes three chapters to discuss and explain.Chapter two: an overview of abusing the civil right to sue,which start with the understanding of the concepts of suit and Litigation right,and then define the the concept of abusing the civil right to sue,including the concept definition of abusing the civil right to sue in Common Law countries and Civil Law countries,and the judgment criterion and the responsibility of the civil right to sue,lastly,this paper analyses the forms and characters of abusing the civil right to sue with the background of case-filing register system,including two aspects: the concrete manifestation and characters of the abusive behaviors of civil lawsuit right.Chapter three: current situation and jurisprudential analysis of the civil right to sue in China.In this chapter,it starts with an overview of the phenomenon of abusing the civil right to sue in China by combing the some researchers' investigation and related reports;then,on this basis,analyses the original cause of the phenomenon to obtain the main reasons of abusing the civil right to sue at present in China.The main reasons include the legislative defects,the narrow extent of litigate,inability on appeal aid,the contradiction of people's right awareness and responsibility consciousness,scarce capacity to action,the insufficiency of law system,and the underadvertising of case-filing register system,etc.Chapter four,based on the above two chapters,makes a conclusion that it is necessary to protect and regulate the abusement of the civil right to sue.This chapter also proposes measures to effectively protect and regulate the abusement of the civil right to sue in China.It is discussed mainly from two aspects of the precaution and the regulation of abusing the civil right to sue to solve the previously mentioned issues pointly.