On The Legal Regulation Of Abuse Of Civil Action Right Under The Registration Of Filing

The main switch for initiating judicial relief proceedings is the filing procedure.Whether the judicial procedure and system is reasonable or not plays a decisive role in safeguarding the legitimate rights and interests of the parties and seeking justice.With the introduction of the filing registration system on 1 May 2015,although the requirements for prosecution have been reduced while guaranteeing the parties 'right to file a complaint,it has also opened the door to frequent abuse of the right of prosecution,thus further abusing the right of prosecution in the course of the proceedings.If the supervisory record of the appeal proceedings is not corrected soon,the court will face serious problems;For example,the waste of limited judicial resources,serious violations of judicial procedures,etc.,especially due to the low threshold of submission of cases to the registration stage,resulting in a large number of abuses of the appeal stage process to change,reduce the quality of trials,resulting in "trial" difficult status quo.In addition,the abuse of the right of action within the filing registration system seriously violates the legitimate rights and interests of the parties,which may lead to judicial storms for innocent participants in the proceedings and cause unnecessary material and moral damage to others.At the same time,it may threaten public and even national interests.In the face of this serious situation,theoretical and practical circles believe that how to regulate the abuse of litigation rights under the registration system is an urgent task.The greatest protection of the legitimate interests of the parties is the legislative intent to establish a registration system,but this intention is also likely to be used by wrongdoers as part of the abuse of relief powers.The abuse of litigation rights under the registration system has its unique forms and characteristics,but the law does not clarify the concept and form of abuse of litigation rights under the registration system,plus under the registration system.The lack of relevant departments has weakened legislation,justice,and social reasons,which has further exacerbated the increase in abuse of litigation rights.At present,although our country has proposed the rules to punish the abuse of the right of appeal,they can not regulate and prevent the parties from abusing the right of prosecution at the procedural stage.Thus,in view of the special nature of the filing registration system,we try to define and clarify the existing system,so that we have the right to prevent and punish the abuse of the right of action and to focus on improving the judicial system in our country in order to avoid or reduce the waste of judicial resources.Therefore,the purpose of this article is to integrate the various situations that may arise through the concept of abuse of the right of prosecution,and to draw lessons from the rules of abuse of the right of civil prosecution in foreign countries,and to build a system that is in line with China's National conditions to strengthen the registration system under the registration case.To strike a balance between the protection of legal rights and the legitimate exercise of procedural rights,and to avoid the malicious or improper use of judicial resources.