A Study On The Standard Of Administrative Abuse Of Action

Since the implementation of the case-filing registration system in 2015,while the situation of "difficult to file a case" has been gradually alleviated and people's right to Sue has been increasingly valued,the number of cases in the court has also increased significantly.The contradiction between the number of cases and the number of staff has become increasingly prominent,and the problem of "excessive litigation" has been brought into public view?The case of lu hongxia v.the government information disclosure of nantong municipal development and reform commission,published in the 11 th issue of the people's court of law,immediately aroused a lot of hot discussions?For instance,does the court involve offside of judicial authority without any legal basis? Where is the boundary between consuming judicial resources and legitimate rights protection? What is abuse of the right of action? Lawyers from all walks of life,from academics to judges to lawyers,have weighed in on the issue,The main reasons for the supporters are as follows: Gangzha court took the lead in regulating the abuse of government information in the whole country.Its courage is commendable.It ruled to reject the plaintiff's prosecution and made clear the rules of re prosecution,which is of great significance to curb the abuse of the application right and litigation right of government information disclosure and is conducive to regulating the information disclosure and administrative litigation order;The opponents believe that the court directly rejected 8 lawsuits,which may be beyond its authority.The court decision of our country follows the principle of one action one judgment.In this case,the Gangzha court not only rejected the lawsuit in this case,but also rejected the other seven cases.Even if the parties constitute abusive lawsuit,as an administrative lawsuit,it should also be a judgment for individual behavior.If other behaviors are included in the judgment,the whole judgment will be expanded,It raises questions about whether the court is overstepping its authority?In addition,the court also proposed in the ruling that strict examination should be carried out on the public application for government information disclosure,which will greatly reduce the enthusiasm of the public application for government information disclosure.Moreover,the judgment measures the disclosure of information on the basis of people rather than events,and that the court has no right to draw up a "blacklist" of citizens' rights of action.The existence of these multiple voices has greatly promoted the research process of abuse of litigation,and its research contents also cover a wide range,including the constitutive elements,legal basis and regulatory path ofadministrative abuse.However,there are still many problems in both theoretical research and trial practice,As to what is abuse of action,how to identify the standards or constitutive elements of abuse of action,the court's trial ideas and conclusions are also very different,it is difficult to unify?In this paper,many problems in judicial practice are discussed,and the article is divided into four parts:The first part is the introduction,which mainly introduces the origin,research background and research methods of the problem;The second part is the overview of abuse of litigation,mainly the discrimination of related concepts,clarify the meaning and extension of administrative abuse of litigation referred to in this paper;In the third part,starting from the judicial cases,the author uses the keywords of "abuse of right of action" and "abuse of action" to search in the case network of JuFa,and carries out the operation of de screening,and extracts thousands of cases about abuse of action.Through the method of manual reading,this paper summarizes the characteristics and type analysis of the cases in practice,and at the same time summarizes the dispute focus and trial ideas summarized by the court,trying to break away from the imagination of the sky and understand the real problems in reality,The fourth part is on the basis of fully understanding the judicial practice,return to the theoretical analysis,and reflect on the application of theoretical research in judicial practice,and try to put forward a new way of research on the problem of abuse of litigation,in order to promote the solution of practical problems.