Research On Abuse Of Administrative Litigation Right

Any right has the possibility of being abused.The system that originally protected citizens' administrative appeals also leads to the abuse of administrative litigation by citizens.The abuse of administrative litigation rights refers to the behaviors in which the administrative counterparts are subjectively malicious and carry out objective actions resulting in adverse consequences during the administrative litigation.Under the premise of the lack of relevant systems,administrative counterparts often abuse administrative appeals for the purpose of gaining extra-legal self-interest and venting private anger.Abuse of administrative litigation rights will lead to the seizure,waste of judicial resources,increase the burden on the administrative organs,and the consequences of harming the legitimate rights and interests of others.The study on the abuse of administrative litigation rights is conducive to perfecting the theory of abuse of administrative litigation rights,promoting the implementation of legislation on relevant identification and regulation;it is beneficial to improve the legal awareness of the whole people and protect the legitimate rights and interests of citizens;it is beneficial to promote the legalization of judicial decisions and safeguard the impartial judicial authority.Chemical.Firstly,based on the experience of domestic scholars studying the abuse of administrative litigation rights,this paper combines the abuse of administrative litigation rights with the abuse of civil litigation rights,sums up the concept of abuse of administrative litigation rights,and conducts type research on the abuse of administrative litigation rights.Secondly,on the basis of the abuse of administrative litigation rights in data analysis,the author discusses the abuse of administrative litigation rights,studies the abuse and causes of abuse of administrative litigation rights,and lays a foundation for studying the abuse of administrative litigation regulation measures.Furthermore,on the basis of combing the classic case of the court and summarizing the criteria for judging the abuse of the administrative litigation case,the author discusses the abuse of administrative litigation fromthe three aspects: the perpetrator is the administrative litigant,the perpetrator abuses the administrative litigation and the perpetrator has the subjective intention of abusing the administrative litigation.Elements.Finally,from the perspectives of perfecting the legal aid system for administrative litigation,constructing a diversified dispute resolution mechanism,raising the cost of administrative litigation,improving the registration system for registration,constructing an economic sanctions system,and constructing an honest list of administrative litigation,we will establish a system of administrative litigation rights in China.Citizen's administrative litigation security system.