Regulations On The Abuse Of The Right Of Litigation Under The Administrative Case Registration System

For a long time,China has been affected by the idea that ”the people do not fight with the government” and ”one thing is better than another”.There has always been the phenomenon of ”difficult to hear,difficult to implement”.In view of this situation in judicial practice,the state carried out a new round of judicial reform in 2015,and successively introduced the ”Decisions of the CPC central committee on several major issues concerning comprehensively advancing the rule of law”and ”Opinions on the implementation of the reform of the case registration system by the people’s courts”documents.The implementation of administrative case registration system to replace the previous administrative case review system,highlighting the ”serve the people”concept.Since the implementation of administrative registration system,the problem of difficult registration has been basically solved,which further guarantees the litigant’s right of action.But what makes people sad is that the administrative registration system effectively alleviates the problem of litigants’ difficulty in filing lawsuits,and at the same time,a small number of administrative litigants have the opportunity to abuse their administrative litigation rights.The appearance of the abuse of litigation right will not only waste the limited judicial resources of our country and damage the judicial authority,but also may damage the legitimate rights and interests of others,damage the fairness and justice of the law,and hinder the construction of the government under the rule of law.Therefore,in view of this situation,the state needs to manage the abuse of litigation right,so as to achieve a relative balance between protecting citizens’ litigation right and regulating the abuse of litigation.In this paper,the abuse of administrative litigation right and its definition criteria are discussed in the context of the registration system.By summarizing the cases that constitute the abuse of the right of action in judicial practice,it is found that the litigants abusing the right of action mainly file abuse cases to the court by abusing theapplication of government information disclosure,abusing the procedure of administrative review and prosecuting the settled cases for many times.This paper analyzes the causes of the abuse of the right of action by the parties in administrative litigation cases,and puts forward some Suggestions on the regulation based on the legal provisions and judicial practice,in order to alleviate the abuse of the right of action.