Study Of Regulating And Limiting The Abuse Of Civil Litigious Right

In recent years,with the raising legal awareness of the masses,it has been an important way to solve disputes through litigation.As a result,the abuse of litigious right came into being,which not only wasted the limited judicial resources,but also damaged judicial public credibility.In regulating and limiting the abuse of civil litigious right,the bona fide doctrine of civil litigation is theoretically instructive in China.However,it is of less operability in practice.At present,although they limit the abuse of civil litigious right to some extent,the existing measures are deficient.To be exact,current remedies,such as the third party's revocation of litigation,the litigation of opposition to enforcement of the person other than involved in the case,etc,can provide relief afterwards for the victim.However,theses remedies are incompetent to prevent the abuse of litigious right in advance.In addition,the sanctions for the person who abuses litigious right are not sufficient.It is very difficult for theses sanctions to be considered as a deterrent to those who abuse litigious right.In order to more effectively regulate and limit the abuse of civil litigious right,the court should set up the system of listing those who abuse litigious right and notify their information on its public platform.In addition,the system ofguaranteeing bona fide litigation should be further improved and all parties are required to sign guaranty and take an oath on the spot.The responsibility of compensation for infringement of the person who abuses litigious right should be made definite and the subject of compensation for infringement and the scope of compensation should be regulated.Finally,the investigation and review of the evidence concerning the abuse of civil litigious right should be strengthened and the party's confession should be treated with caution.In all,the study of regulating and limiting the abuse of civil litigious right is good for guaranteeing the rightful party's civil litigious right so as to avoid the dissimilated operation of judicial resources and maintain judiciary authority better.