A Study On The Regulation Of Strategic Abuse Of Litigation

In recent years,there are more and more cases of "sky-high price compensation" brought by celebrities or powerful company groups who criticize them by individuals,media and so on.This kind of lawsuit has the following characteristics: On the main body,one side is often the company group or star with strong economic strength,while the other side is the individual with weak economic strength,media,etc.,it is often because the defendant has criticized the plaintiff or made other unfavorable comments;in the cause of action,it is usually "disguised" as an action for defamation,but there are also commercial infringement,invasion of privacy,nuisance and other common grounds for litigation,in the amount of litigation,usually put forward far beyond the defendant’s economic capacity of "sky-high" compensation;And these lawsuits often lack a legal basis,resulting in a high probability of failure.These characteristics are also the criteria to judge "Strategic Litigation".Under the background of filing and Registration System,abuse of litigation is not uncommon in judicial practice,such as false litigation,malicious litigation,strategic abuse of litigation,etc..Our country needs to regulate abuse of litigation,in particular,the strategic abuse of litigation needs our urgent attention,because of its impact on the public and even serious suppression of public expression,and it has some characteristics different from other abuses,which need special regulation.Knowing that there is a high probability of losing the case in the end,these groups of companies,stars and others still bring the case,obviously not to win the case,but as a tactic,to warn the accused against exercising his right to freedom of expression and to prevent others from carrying out similar activities.The "chilling effect" brought by the strategic abuse of litigation seriously infringes the individual freedom of speech and public participation and other adverse effects,so the regulation of strategic abuse of litigation is urgent.If we want to protect individual freedom of speech and public participation,we need to a separate proposal on the regulation of strategic abuses,in which law is undoubtedly the most important rule.However,from the current situation of judicial practice in China,there are still many problems that have not been solved properly,such as how to identify the standard of strategic abuse of litigation and how to determine the nature of strategic abuse of litigation.From the difficulties in the judicial determination,we can see the problems in regulating the strategic abuse of litigation in China.The purpose of this paper is to study the current situation of the judicial practice of the strategic abuse of litigation in China through some concrete cases,and on this basis,to see through the difficulties encountered in the judicial practice of China in suppressing the abuse of public speech,combined with the necessity of separate regulation of strategic abuse of litigation,this paper tries to summarize the lack of legislation on the problem of strategic abuse of litigation,and then puts forward some suggestions on how to regulate the problem.