Study On The Regulation Of Abusive Action Of Litigation Right In The Case -Filing Register System

Litigation right is an important right of citizens and the progress of human civilization, whose importance is self-evident. But with the deepening of the process of building a legal society, the implementation of the filing registration system and the general increase in citizens' legal awareness, there is an increasing trend in the abusive action of litigation right. At the same time, our legislation and practice lack recognized standards and appropriate legal regulations on the abuse of litigation right, the abuse of litigation right is becoming one of the bottlenecks of judicial justice.The article has a total of twenty thousand words and is divided into four parts.The first part is the basic theory of the abuse of litigation right in the filing registration system. Abuse of litigation right is the behavior that one side has subjective fault and does not meet the requirements of litigation or although in line with the exercise requirements but acts contrary to the principle of good faith in civil proceedings. The abuse of litigation right should be defined as improper conduct litigation, violations, breach of the principle of good faith behavior in nature. The environment of litigation explosion?the emergence of the new mode of dispute and the implementation of the filing registration system increase the possibility of the abuse of litigation right. By drawing lessons from western countries' defining standard of the abuse of litigation right,we should construct the defining standard of the abuse of litigation right that suits our filing registration system: the parties to the eligibility?the interests of litigation and the principle of good faith.The second part is comparative study about the abuse of litigation right in filing registration system between extraterritorial countries. In continental law countries, to prevent and regulate the abuse of litigation right, France takes fine measures, Germany uses litigation censorship and Japan stipulates the withdrawal system of the plaintiff need to be approved by the defendant. In the Anglo-American law system, the United States and Britain respectively set the cost responsibility mechanism and tort compensation system to prevent and regulate the abuse of litigation right. Different regulation measures of extraterritorial countries and the conditions appropriate for the actual path has a great significance in establishing a unified concept?the specific standards and the improvement of the regulation mechanism of the abuse of litigation right in China.The third part is the present situation of the abuse of litigation right in filing register system. This paper talks about the new performance of the abuse of litigation right after the implementation of the filing registration system: more prominent contradiction between lot of cases and few people; the form of the abuse of litigation right is diversified; rarely review the defendant's information; the parties are reluctant to accept mediation; the cases dismissed is increasing and so on combined with the reality of typical area since the implementation of the filing registration system. The reason for the increase of the abuse of litigation right mainly due to the lack of related legislation?the transformation of citizens' legal consciousness and the lack of social credit. At last, this paper discusses the existing regulation measures of the abuse of litigation right and summarizes its imperfections.The fourth part is the perfection of the abuse of litigation right in filing register system. Based on the study of the current situation of the abuse of litigation right in filing register system, perfecting the regulation mechanism of the abuse of litigation right in filing register system needs two dimensions: procedure and entity. In the aspect of procedure, we should perfect the civil pretrial procedure, strengthen the judge's interpretation and guide, improve the system of litigation costs, and set up the system of the plaintiff dropped to be agreed by the defendant. In the aspect of entity, we should establish a tort damage compensation mechanism, establish the social credit system and build the system of litigation insurance and other concrete measures...