The Balance Between The Protection Of The Right Of Action And The Regulation Of Abuse Of Rights

Filing difficult is one of the historical problems of administrative litigation,which greatly affect the authority of the administrative litigation and the entire judicial public letter.Registration system reform officially come into force on May 1,2015,the ultimate meaning is establishing the right guarantee of long-term mechanism.But the social public's Misreading of the registration system will inevitably lead to the increase of the abuse of right of action in a certain period of time.How to form a reasonable balance between the protection of the right of action and the abuse of right of action is an important judicial issue that we must face and solve at present.Abuse of litigious right leads to abnormal consumption of limited judicial resources and administrative resources,also Challenge the integrity of the whole society system,if it is not effective regulation,the consequences are difficult to predict.The protection of the right to appeal and abuse of regulation are both the real meaning of justice.In this paper,the author puts forward the standard of "obvious appeal",greatly reducing the standard limit.The plaintiff only prove the administrative behavior and interests can be obviously.On the methods and measures of regulation should be adhering to the "regulation without limit" principle,from the clarification of the origin of the system?the review of the benefit of litigation front? the establishment of abuse person list?improve lawsuit credit system?in accordance with the law sanctions and other aspects,form resultant force,and jointly promote the formation of the good pattern of “Integrity litigation,legal rights ”.