The Judgment And Regulation Of The Abuses Of Administrative Litigation Rights

With the implementation of the registration system of administrative litigation,the administrative litigation cases filed by local courts have increased obviously,which has effectively alleviated the difficulty in filing administrative litigation,but at the same time,it has also brought about 'litigation explosion' and spawned a large number of suspected abuses of administrative litigation rights.The constitutes of abuses of administrative litigation rights should be established and the real abuses of administrative litigation rights should be identified from suspected cases.The abuse of litigation rights,that is,'plaintiff' to achieve the unjust profits by exercising 'litigation right',is not only an act against the original purpose of administrative litigation,but also a serious social harmful act that infringes on the legitimate rights and interests of others,desecrates judicial authority and dignity,wastes judicial resources,and crowds out other people's judicial resources.A strict judgment should be first made on whether the parties constitute abuse of administrative litigation right from the perspectives of actor's subjective and objective elements,so as to avoid obstructing or hindering the proper exercise of administrative litigation right by the public.As for abusers of administrative litigation,they should be punished by civil liability,administrative liability and criminal liability according to the specific situation and the degree of social harms which are caused.While constructing and perfecting the punishment system for abusers of litigation rights,we should also take steps to build and improve the prevention system,so as to reduce effectively or even eliminate the increasing abuse of administrative litigation rights in practice,which in turn contributes to the realization of a good operation of litigation and legal order.