To Abuse The Regulation Of Civil Litigation Rights

The abuse of litigation rights is widely recognized in all countries of the world.The abuse of litigation rights not only violates the principle of honesty and credibility,damages the judicial authority,causes the waste of judicial resources,but also infringes the legal rights and interests of the other people.Civil procedural laws in many countries have imposed tough sanctions on abuses of power.A relatively tolerant attitude to rampant litigation behavior in our country,only limited sanctions against abuse of procedural rights on false action,malicious prosecution,and ignore the general to the rules of the civil litigation rights abuse.On the concrete regulation measures,has neglected the abuse of procedural rights of the dual harmfulness of national public power and private right,regulation measures can't meet the need of judicial practice,the prohibition of civil lawsuit abuse phenomenon,and even have intensified trend.The reason is that the research on abuse of litigation rights is not deep enough,and the specific regulation measures are lack of pertinence.To this end,the author through to the abuse of the civil litigation rights theory,analyzes the problems existing in the current regulation system,which other country litigation safeguard measures legislation experience,combined with their years of judicial practice,according to the lawsuit participants in the different position in the litigation,the function,put forward the perfect both rampant litigation system of rules and regulations,establish a series of rampant litigation regulation measures suggested,in order to establish a comprehensive,multidimensional,systematic civil rampant litigation regulation system.