On Legal Regulation Of Abuse Of Administrative Litigation Right

Where is a right,there is a general possibility of being abused.As a right of request judicial relief,the right of action is no exception.In recent years,with the implementation of the registration system in our country,the access threshold of lawsuit entry has been reduced,the abuse of the right in litigation in the field of administrative litigation has gradually emerged.Because the abuse of the right in litigation appear later in our country and duration is shorter,the research on this issue is still in primary stage.There are many problems remain to be solved,which require us to think and explore deeply.In view of it,the article will start from the basic theory,on the basis of drawing on extraterritorial experience,to solve the performance and identification of right in administrative litigious and to design scientific and reasonable legal regulation measures.This article is divided into four parts:The first part is the theoretical explanation of the legal regulation of abuse of administrative litigation rights.The first is a brief introduction of administrative litigation rights,including an introduction to its basic theory,"the theory of litigation rights",and an interpretation of its connotation,extension,and constituent elements;and proceeding from the“Lu Hongxia Case" to define the concept of“abuse of litigation rights".On the basis of the above,the concept of abusing administrative litigation rights is defined,and by introducing the constituent elements of abuse of administrative litigation rights in order to form a basic understanding of the issue;Finally,by analyzing the theoretical basis of the legal regulation of administrative litigation rights,it provides reasonable legal regulation settings.The theoretical basis.The second part is an inspection of the extraterritorial experience of the legal regulation of administrative litigation abuse.Introduce the guiding concepts applied in civil law countries and the Anglo-American law countries on this issue and focus on setting up legal regulations so as to form a basic understanding of the experiences outside the domain.Then introduce the specific judgment standards and institutional ions of several representative countries of the two major legal systems as concrete,so as to form a deeper understanding and understanding of the extraterritorial experience.The third part is an in-depth interpretation of the abuse of administrative litigation rights.Through analyzing the manifestations of the abuse of administrative litigation rights that are common in judicial practice,this problem is specifically described;by abstracting the judging standards of the abuse of administrative litigation rights from many forms of expression,a more profound understanding of the issue can be formed.The fourth part is the suggestion of legal regulation measures for the abuse of administrative litigation rights in China.Their is some deep legal basis that we can set up the legal regulation to the abuse of the right in administrative litigation,we' also have more entry points.So we should perfect the system of case view,set up a scientific and reasonable system of reasoning,establish and improve prudent legal punitive measures,adhere to strictly and fairly judge according to the law,improve the proportion of the litigation costs to abusers or moderately improve the administrative litigation fees,promote litigation integrity,reform "litigation blacklist"system and other specific measures,then we can achieve the legal regulation to the abuse of the right in administrative litigation.