To Enforce The Legal Regulation Of The Abuse Of The Right To Dissent

The execution of the right of dissent as the concrete content of the right of civil action,is the embodiment of the principle of equality of the litigants in the Civil Procedure Law.In the executive process,the abuse of this right by the executing party or the interested party fundamentally violates the original intention and purpose of the designers.Therefore,it is necessary to regulate the abusing of the right to avoid the harm result.Typical cases show that the right to implement the opposition is repeatedly used by the parties concerned,meanwhile the "abuse" of the right in the abuse of executive objection is hardly defined.There are three specific ways to judge the parties,interested parties or non-respondents in abusing the right to implement the opposition: the first one is the identity of the interested party and the outsider who abuse the right of objection should be strictly defined;the second one is the abuse of the right must be accurately identified,that is,it must conform to the subjective and objective elements of abuse of rights;the third one is the abuse of the right to objection must produce a corresponding social hazard.To regulate the abuse of the right of execution of the objection,it must be handled in a multi-pronged approaches,which is to clearify that the principle of liability attribution,the main body of responsibility and the way of assuming responsibility for abuse of the right of execution,to improve the abusive cost burden system for implementing the right of opposition,and to increase penalties for abuse of the right of opposition.Only by comprehensively using a variety of means,to prevent and punish parties and outsiders abusing the right to perform the objection,can we effectively prevent,reduce and eliminate the abuse of the right to implement the objection in the judicial practices.So that it is able to effectively protect the legitimate rights,interests of the rights and interests of the people and to achieve the benign operation of the litigation order,the execution order and the legal order.