On Legal Regulation Of The Abuse Of Litigation Action

Abuse of litigation is a violation of the purpose of civil litigation,excessive consumption of judicial resources illegal.Violates the principle of good faith in civil litigation,and has the attributes of tort.The problem of abuse of litigation is not accidental,both the subjective reasons of the parties themselves,and the objective reasons of the legal system.There are many hazards in the abuse of the right of action,which not only seriously affects the work of the judicial organ,wastes the judicial resources,but also damages the interests of the other parties,but also adversely affects the stability of the social order.As the parties to the implementation of the abuse of the right to act in a variety of forms exist,but we can be essentially divided into two cases,the first is the litigant does not have the right to sue,the second is the subject of prosecution over The proper boundaries of the exercise.As the types of civil disputes diversified,in different disputes that the parties exist in the interests of the prosecution,the basis of judgment is not the same,so that the abuse of litigation standards are also different.Regardless of the form in which the subject matter of the litigation is to be used for abuse,the subject matter should be intentional and the court can recognize its action as abuse of the right of action.China has made further regulation on the exercise of the right of action in the revision of the Civil Procedure Law in 2012.Although these provisions are not directly against the abuse of the right of action,it is of great significance to protect the citizens' right of action and prevent the abuse of the right of action.But the practice point of view,the abuse of action is still difficult to be effectively prohibited,which in addition to the market environment and the subjective will of the parties,the current lack of mechanism is still one of the main reasons.Through the revision of the Civil Procedure Law and the efforts of the court system in practical work,the prevention and control of abuse of the right of action has achieved some success.But the practice point of view,the abuse of action is still difficult to be effectively prohibited,which in addition to the market environment and the subjective will of the parties,the current lack of mechanism is still one of the main reasons.The court's judicial mechanism is unreasonable,can not stimulate the trial personnel to prevent the abuse of litigation rights initiative and enthusiasm.After the implementation of the registration system in our country's court system,it facilitated the parties to exercise the right of action,but did not construct the pre-trial procedure independently of the trial,which objectively facilitated the enforcement of the litigation rights.Thepunishment of abuse of the right to action is not strong enough,it is difficult to play an effective deterrence of criminals.This article argues that the abuse of litigation should be through the legislative and judicial and other means of governance.From the point of view of legislation,it is necessary to set up a special pre-trial procedure to play a preventive role in the abuse of the right to appeal;abuse of the right of action as one of the types of infringement and the establishment of the corresponding compensation system;the law should insist on the abuse of the right of action Negative evaluation,the perpetrators of such cases should be disciplined in an administrative penalty manner.Judging from the judicial point of view,the trial authorities in the case of the trial process,should guide the parties to establish a reasonable concept of litigation,according to the principle of honesty and credit.Improve the case management mechanism,and strengthen the sense of responsibility of the judges.We should also strengthen cooperation with other departments to form a joint action against the abuse of litigation.In the process of civil cases,the trial personnel should strictly check the defendant's self-determination in the trial according to the rules of burden of proof.In the case of mediation,the trial officer shall be strictly examined and,if necessary,take the initiative to initiate an investigation.