Research On The Legal Regulation Of Abuse Of Administrative Litigation Power

Since the reform of the mechanism of case registration,the right of administrative suit with lessened barriers has brought the increased abuses of litigation rights.In order to correct this situation,many local courts have identified it without clear legal basis that the parties have abused the rights because the violated the principle of good faith and didn't meet the purpose of the procedural law,thus they added stricter review of exercising the rights of litigation,reconsideration,and substantive.This approach of the local court is questioned by numerous scholars.When we push forward the rule of law in all-round way,the public right must be conducted according to the law,which is the same for jurisdiction.As the judicial authorities lack the experience of the problem mentioned before,so it's an urgent task to regulate an appropriate system about identifying the abuse of administrative litigation right in China.This dissertation firstly analyzes the judgments about this problem,as well as domestic and foreign literatures related to it.The analyze about the theoretical foundation,the essential meaning and the classification of administrative litigation right is also included in.Meanwhile the suggestions are given to create an identifying process of abuse litigation right and also some specific measures,which are on the grounds of the current situation in China,and the exercises from foreign countries.The full text is mainly divided into six parts: The first part is the introduction,starting from the research background,significance and current research status of domestic and foreign abuses of administrative litigation right.Research methods and the train of thoughts are also written in this part.The second part introduces the theoretical basis and analyzes the development of "Abuse of Right " theory,as well as the meaning and types of the abuse of administrative litigation rights,which is based on cases.The third part analyzes the current situation in China,the legal recognition and inadequacy of regulations.The fourth part summarizes the legislation of other countries and compares the regulations of the civil law countries and common law countries.Part five comes up with perfecting the regulatory system of abusing the right of administrative litigation,which includes the identification standards,the main body to active the process and the authority,formulating effective and specific punishment measures,adopting joint credit punishment and scientifically regulated litigation costs etc.