Research On The Regulation Of Abuse Of The Right Of Litigation Under The Registration System In China

May 1,2015, the registration system began to implement. Although this policy reduces the threshold of filing a case, and protects the litigant's right of action, but also causes the parties to abuse the right of prosecution becomes more convenient. If we do not regulate the abuse of the right of action under the registration system as soon as possible, it will bring serious challenges to the court, such as crowding out limited judicial resources,seriously disrupting the judicial order, etc..In particular, the threshold for filing in the registration system is lower, resulting in a large number of cases of abuse of litigation from the filing stage to enter the trial stage.This phenomenon will reduce the quality of the court trial, resulting in "trial difficult" status quo. In addition, the abuse of the right of litigation under the registration system will seriously infringe upon the legitimate rights of others and will involve the innocent people into the litigation crisis, will cause unnecessary damage to the material and spiritual of other people, moreover,it will also be a threat to social and even national interests.Faced with this grim situation, theorists and practitioners argue that it is imperative to explore how to regulate the abuse of litigation under the registration system.At present, although the regulation of punishing the abuse of litigation under the registration system at the institutional level has been put forward in our country,these Regulations are still not enough to regulate and prevent the abuse of litigation under the registration system. Therefore, because of the filing of the time, the phenomenon of abuse of litigation under the registration system is unique. In order to prevent or reduce the phenomenon of the abuse of litigation under the registration system, we should combine the actual existing systems, build and improve our prevention and punishment mechanism under the registration system and point out specific strategies of perfecting the registration system in China.The first part elaborates the basic theory of the regulation of the abuse of right of action in china. It probes into the basic connotation and essence of the registration system,analyzes and summarizes the connotation and the constitutive requirements of the abuse of right of action in the filing stage; On this basis, it is proved that whether the lowering of the threshold for filing the registration system is opening the door for the abuse of litigious right. In view of the unique registration of right abuse behavior in the filing stage, in order to distinguish between the "abuse" and "false Lawsuit Abuse", and in order to better regulate the abuse of right of action under the registration system, the paper defines the definition of abuse of right of action under the system of registration.The second part describes the forms and characteristics of the abuse of right of action under the system of registration. In view of the system and the theoretical basis of the existing registration system under the abuse of litigation behavior, combined with the practice of litigation filing registration system under the stage of filing frequent abuse phenomenon, and then summarizes the specific performance for registration under the right of filing stage abuse. In addition, compared with the characteristics of the abuse of right of action before the registration system, the paper summarizes the characteristics of abuse of right of action under the registration system.The third part elaborates the reasons and harms of the abuse of litigation under the registration system in China . Combined with the theoretical analysis and empirical study of the two methods,the paper analyzes the causes of the abuse of litigation under the registration system, and then summarizes the harm caused by the abuse of litigation. This part of the study is conducive to better put forward regulatory measures, in order to improve the registration system and prevent or regulate the right to file the right to abuse the case to prepare.The fourth part puts forward the suggestion that how to better prevent and regulate the abuse of litigation under the registration system in China.It mainly includes four aspects:First of all,we should take into account the interests between the protection of the right of action under the registration system and the rules of litigation right abuse. Secondly,we should establish an ex- ante prevention mechanism for the abuse of litigation.Thirdly,we should set up a compensation system of damages for the abuse of litigation.Finally, we should increase publicity, improve the legal literacy of citizens, ensure the correct understanding of the parties to the registration system and Cultivate the party's view of rational action to litigation.