Research On Limitation Of Abuse Of Rights In The Preservation Of Civil Property

With the change of legal consciousness,the Chinese people have developed from the traditional disgust of prosecution to the present awareness of protecting their own rights.Especially since the judicial reform,the establishment of the registration system for filing a case and the number of cases accepted by the courts have increased dramatically.Part of this is abuse of right of action.Abuse of the right to property preservation in the abuse of litigation is the most direct restriction of the other party’s property rights.Although the theoretical circles have reached a consensus on the abuse of the right of suit,but in judicial practice,the regulation of this aspect is still unclear.Due to the late development of modern justice in China,there is no clear legal means to regulate the abuse of the right to property preservation.The abuse of property preservation rights can not be underestimated.China’s liability for the abuse of the right to property preservation only stipulates that "those who suffer losses due to the mistake of preservation shall be liable for compensation".In practice,the application of this clause is also controversial.Therefore,this paper starts with the concept and characteristics of the abuse of the right to property preservation,analyzes the harmfulness of the abuse of the right to property preservation,inspects the similar legal provisions and practices of the two legal systems,and puts forward suggestions on how to identify and regulate the abuse of the right to property preservation.