On The Abuse Of Civil Right To Appeal And Its Regulation

Since the implementation of the registration system,complex social and economic factors have changed the mindset of the general public.It has changed rapidly from the originally disgusting psychology to a positive mental state which relies on litigation.Therefore,new legal phenomena are derived,such as false litigation,malicious litigation and repeated litigation,which are called the abuse of civil right of appeal.The emergence of this kind of behavior has seriously damaged the judicial order,and even the protection of the legitimate rights and interests of the citizens themselves.Therefore,in order to solve this problem,measures must be taken to regulate the abuse of civil litigious rights.The misuse of civil litigious rights is not accidental,it is the inevitable consequence of the rapid development of society under the social background of registration system.This kind of phenomenon occurs frequently from the occasional occurrence of the previous one to the present,in which there is a law to be found.The specific ways of performance in practice are divided into malicious litigation,false litigation and repeated litigation.Among them,false litigation is widely seen in practice,which is the most important part of the abuse of civil right of action.Although the abuse of civil litigious rights overflows in practice,it is still unable to be effectively suppressed.On the one hand,it has its own characteristics,on the other hand,there are other factors.First of all,the civil litigation right abuse is highly covert and early sexual characteristics,so it is difficult to distinguish from the court filing stage;secondly,the civil litigation abuse of the legal and social factors on the legal level,defects of civil prosecution,the court trial is the cause of the reform;the social level,causes the citizen the awareness of the right and the cheap cost of litigation is also important.The protection of the civil litigation abuse behavior has seriously endangered the stability of judicial order anvil rights:the behavior of people with subjectiv malice constantly making meaningless litigation,not only occupy the gratuitous judicial resources,influence the trial court,the destruction of the social order,and snatch each citizen rights legitimate opportunities,legitimate rights and interests of infringement of third people.Therefore,for the purpose of restraining the abuse of civil litigious rights,it is necessary to regulate the path of abuse of civil litigious rights.From the perspective of system construction,besides establishing litigation insurance system,establishing strict litigation right conditions and rationally controlling litigation costs,we also need to clarify the scope of application of the principle of good faith.On the standpoint of improving the system of civilization,it is very important to guide citizens to set up a correct view of the right to appeal.In this paper using the theoretical analysis method,comparative analysis of law,put forward opinions on successful regulation of the civil right of abuse,but the current stand height,contact the reality of our country to further regulate the abuse of right of action to ensure effective path,to prevent the occurrence of civil litigation right abuse,strive towards the correct action direction.