Identification And Prevention Of Abuse Of Civil Litigation Rights

With the gradual deepening of the process of promoting the rule of law, the rights of the parties in the lawsuit to get more adequately protected. Just right to exist where there will be potential for abuse. In the forward to build protection rights, there is a reverse part of the parties to the proceedings by means of way in the name of rights infringement or seek illegitimate interests, namely the right to appeal abuse behavior. Abusing large numbers in the civil trial practice, disrupting the order of the trial, a waste of judicial resources, but also against the legitimate rights and interests, affect public confidence in the judiciary, the judiciary has become injured.Although the phenomenon of the abuse of the right of appeal has been theorists and judicial attention, many scholars wrote books to study it, some courts have tried to increase research to guide the work of the 2012 revision of the "Civil Law" and the 2015 introduction of the "Criminal law amendment (ix)" is also the legislative level to do a certain response, but generally speaking, China's current legal system the right to appeal against the abuse of the regulation is still far less, due to the lack of judicial practice in the interpretation of the actual operation, often for violations difficult to define and sanctions. Abuse of the right to appeal a comprehensive study of the system is still very necessary.This paper begins with cases encountered in practice trials start, leads to the problem of abuse of the right to appeal; to study basic theory concepts, behavior and the nature of value and so re-regulation of the right to appeal abuse; then define the recognition of the right to appeal abuse from the objective and subjective aspects standard, further summarizes the type of abuse of the right to appeal the judgment of common practice, it should not be included and excluded abuse of the right to appeal the case; Finally, the trial run as the core, in close connection with reality, legislation and judicial analysis of the status quo, and to make their own effective control of the right to appeal court recommendation abuse behavior responses that require two levels of courts and judges and concerted efforts were jointly Take Measures to prevent and curb the abuse of the right to appeal the emergence and spread through the improvement and strengthening of trial management experience in trial cases.