Study On Abuse Of Power In Civil Procedure

Right is confirmed by law and protect the interests of,under the system of the modern rule of law,the right to exercise the must to respect or does not interfere with the rights of others,on the premise of freedom,no rights are not excessive exercise.With the advancement of society under the rule of law in our country,civil lawsuits are becoming a more important people solve the social and economic life,but the litigation rights enjoyed and use with the abuse of dilemma.The civil litigation rights abuse,to enrich and perfect our country in the aspect of legislation of civil procedure theory research results,in order to promote our country legal references for perfecting the legislation of the civil procedure law.Fully understand the civil litigation rights abuse,to improve judicial practice active review and ability to deal with a variety of rights abuse definition,is also the objective requirement of the principle of good faith,is helpful to perfect the procedural justice and judicial justice.At present,the concept of abuse of procedural rights and the legal consequences no clear legal provisions,and the legal science of litigation rights abuse related concepts have no unified standard,the abuse of procedural rights define cause certain problems,let a person it is difficult to grasp the scale of the definition of litigation rights abuse;Of abuse of procedural rights correction program startup subject,rampant litigation of identifying subject,rampant litigation made no provision program,this will lead to punishment in judicial practice have different weight,also inevitably lead to the problem of judicial injustice.So,how to regulate litigation rights abuses become one of the important task to study.This paper consists of four parts:The first part of the basic theory of the civil litigation rights abuse,mainly through the understanding of the subject,sums up the dangers of abuse of rights behavior;The second part Through practical experience in court,the writer sums up the common civil rights abuse behavior to manifestation is the abuse of prosecution,the right to abuse counterclaim,abuse of right of appeal,the jurisdiction of the court,abuse of property preservation right abuse;The third part Based on the author's court civil litigation rights abuse cases and the empirical analysis of the data,summed up the characteristics of this kind of case to present and analyze the reasons;The fourth part from the regulation of civil litigation rights abuse the base theory of regulation of the relevant measures are put forward,strengthen citizen moral construction of good faith,perfect legislation,strengthen the judicial protection,strengthening the court functions.