| Where there is a right,there is relief.no relief is no rights.Why do right remedy? because it appears the abusive action of rights,such as the abuse of power,the abuse of rights.China’s judicial reform is constantly advancing and the rule of law is steadily deepening.Although people’s consciousness is more and more strong,it appears some opportunistic people.They use the blank of law to seek illegal interests,and even to harm others.So it appears the abusive action of rights.The abusive action of rights lows the threshold of filing so that a lot of the abusive action of rights is poured into the court.A large number of scholars have discussed and studied this issue.The Supreme Court has gradually paid attention to this issue and has issued judicial interpretation and guidance on the abusive action of rights of civil false lawsuit.However,in terms of the overall level of regulation,There is a large gap between China and foreign countries in theoretical and legal systems.At present,there is no clear legal boundary for the abusive action of rights in China’s legislation.In practice,there is also a lack of specific implementation standards and the basis for punishment.So this article starts with the concept.Through the study of the concept,theory and the relationship between the right of appeal and the abusive action of rights,the author analyzes the concept of the abusive action of rights.Through the study of the main types and harms of the abusive action of rights,the author have concluded that regulating the abusive action of rights is conducive to the maintenance of the right of appeal,the realization of the purpose of right of civil action and the conserving of judicial resources.Through the comparison of the research on regulatory systems about the abusive action of rights in France,Germany Portugal and America,this paper sums up the experience that our country can learn from.For example,the tort liability for the abusive action of rights is incorporated into the civil tort liability.The law gives some protection to the abusive action of rights and regulates the conduct of lawyers and so on.Finally,this article analyses the present problem that must be solved,puts forward the countermeasures and suggestions,clears the limits of legitimate use of the right of appeal and the abusive action of rights,examines the substantive requirements of registration,establish an independent Pre-trial procedure,increases the penalties for the abusive action of right,progressively improves the court’s internal information system,shares and retrieves information in real time,and sets up a system for abusing the blacklist of the perpetrators and so on,which provides some theoretical support for perfecting the regulatory system of the abusive action of right. |
