Abuse Of Civil Litigation Rights On The Background Of Registration And Restrictive Measures

Since May 1,2015,case-filing registration system reform has been carried out across the country for just two years.It is still in the transition period.As the starting link of the litigation procedure,case-filing procedures is not only the first ring is,but also a key link of civil litigation,which directly affects the way of realizing the civil right and the degree of protection.The reform of case-filing registration system not only embodies the respect from the judicial power to the citizens' civil litigation rights by significantly reducing the application threshold,but also enhances the credibility of the judiciary.During this process,citizens' civil litigation rights are guaranteed to a large extent.In contrast to this,the abuse of civil litigation rights in the case-filing process is rapidly highlighted.The abuse of civil litigation rights in the background of case-filing registration system,is mainly manifested as,sue without the facts and legal basis,filed a repeated civil action,and filed a false action.This abuse not only caused serious waste of judicial resources,but also not conducive to dispute resolution.Therefore,how to effectively prevent and properly regulate this issue is also an important issue in the reform of case-filing registration system.There are many references to this issue in the academic and practical articles on the reform of the registration system.The issue of abuse of civil litigation rights occurs at any time and in any country.The only difference is that in the specific context of the registration system reform,this abuse in the filing stage to the allocation of judicial resources caused a greater degree of harm compared to the past.Now we are faced with the "old problems" that have appeared in the past proceedings,at the same time,there are "new problems" in the context of particular times.Therefore,in the exploration of coping strategies,it is necessary to learn more from the domestic and foreign research and practice,as well as to seek countermeasures for the "new problem” that adapt to the specific social system and the characteristics of the times under the background conditions.This article startsfrom the evolution process of our case-filing system,combine with analysis of the protection of civil litigation rights in different filing mode,explores the nature and characteristics of the abuse of civil litigation in the context of the registration reform system,so as to explore the methods of preventing and restricting the abuse of civil litigation rights in the light of our current legislation and judicial practice.