Reasonable Avoidance Or Abuse Of Power

In today's society where the economic level is improving day by day and the people's awareness of the legal system is increasing day by day,people are more and more taking the civil lawsuit as an effective way to solve the contradictions and disputes between each other.The issue of civil litigation delay has always been the focus of attention from theory,legislation and justice.China's civil litigation delay,like most countries in the world,has become a serious problem.The judicial practice,because in some cases to undertake the responsibility of the judge is not strong,the business level is not high,and the pressure from outside and interference factors,or a court trial support staff especially clerks working attitude is not correct,the style of work loose,failed to timely delivery,timely responses to material scheduling over appeals trial or delay caused by prolongation of the completion time is objective existence.However,the main reason why the case has not been settled for a long time is the litigation party's passive response and even maliciously delaying the procedural matters in the trial.Some parties or agents entrusted by them adopt the delaying tactics,use the legal gap to delay the lawsuit,interfere with the trial of the case,take the opportunity to transfer or conceal property,evade the fulfillment of legal obligations,or force the other party to compromise and reduce the amount of the lawsuit in order to conclude the case as soon as possible.Said action delay even malicious behavior is common in the trial practice,this kind of behavior is not only a waste of the state of limited resources,but also harm the judicial credibility,seriously hindered the process of our legal,makes the realization ways of using litigation legal rights and interests of the people had a serious question.The civil action delay has been widely concerned in the judicial circle of our country.Changes of the civil procedure law of the People's Republic of China,on the one hand,in the general part of civil lawsuit regulated shall follow the principle of good faith,on the other hand,in some specific provisions of increased prohibit false action,avoid executive regulation,by raising fines for ceiling and intensify sanctions against obstruction of civil litigation.The supreme people's court in January 2015 issued about apply the civil procedure law of the People's Republic of China>the explanation of(hereinafter referred to as the new law of the people v.judicial interpretation),the provisions of the sanctions in violation of the principle of good faith behavior,and made clear of some of the violation of the principle of good faith,such as the lawsuit litigant participant or others pretend to be another person,or to participate in litigation,the parties,intentionally or negligently overdue provide evidence,after sign the guarantee for false testimony of witnesses is punished,so as to effectively promote the lawsuit integrity,but for the litigation process and decide how to regulate litigation procrastination,In particular,the act of maliciously delaying litigation(such as maliciously avoiding the service of legal documents,maliciously raising jurisdictional objections,etc.)has not been clearly stipulated.There is still controversy in theory and practice about the nature of delaying action and how to regulate and take disciplinary measures.Therefore,it is an urgent problem to study the nature of litigation delay and how to prevent and take effective regulation measures.By analyzing the connotation and form of delaying litigation,this paper discusses the existing problems of delaying litigation and the identification of its nature.On the basis of referring to domestic and foreign legislative styles,this paper proposes measures to regulate the delaying litigation,in the hope of bringing some benefits to the civil trial practice.