Research On The Legal Regulation Of The Abuse Of Administrative Litigation Right

In academic circles,the abuse of administrative litigation right relative to the abuse of civil litigation is often caused by discussion is less,but because of the administrative litigation in judicial procedure litigation cost is more cheaper compared with civil lawsuit,which leads to the harm done by the abuse of administrative litigation right consequences actually not as civil litigation right abuse brings harmful consequences.However,the definition of the abuse of administrative litigation right is seldom and never clearly defined in the legal provisions,which is also caused by the fact that the effective exercise of citizens’ administrative litigation right is the guiding ideology of China’s administrative legislation.And put on record in the implementation of the registration system,because the case within stages of censorship and many forms of the concealment of the abuse of litigation behavior itself has led to the case filing stage review is difficult to play the role of it shall be brought into play,but these hidden behavior of administrative litigation right abuse often use its "legal" appearance to enter in the administrative litigation procedure,at this time was originally used to guarantee the effective execution of civil administrative litigation guiding ideology has now become a part of the abuse of administrative litigation right tools,And our current laws and regulations on the abuse of administrative litigation right behavior neither rules about behavior of abuse of administrative litigation shall also abuse the legal regulating of the administrative litigation rules,the parties often unable to predict their behaviour or based on certain desires driven by use of administrative litigation,administrative reconsideration procedure to obtain interest,venting,abuse of administrative litigation can directly lead to the waste of judicialresources,judicial authority of the damage.This article from the abuse of administrative litigation and civil litigation the comparison of the concept and legal regulation of abuse,first of all to the discussion of relevant concepts of the abuse of litigious right and litigious right,from the perspective of civil litigation right abuse after to the abuse of administrative litigation right speculation,contrast a definite concept,and then in the new"administrative procedural law","the Supreme People’s Court on further protection and regulate the exercise of administrative litigation according to law by the parties several opinions as well as the government information disclosure regulations have issued new circumstances of some representative litigation right abuse case and litigation right abuse situation analysis,This part analyzes some specific embodiments of administrative litigation in judicial practice.In this part,the author’s analysis will summarize the ways and types of abuse of administrative litigation right in China by inquiring data from relevant websites,and then summarize the crux of the abuse of administrative litigation right in China.At the same time,it will also analyze the relevant experience and legal regulations of foreign countries on the abuse of administrative litigation right,and draw lessons from the relevant regulations of foreign countries.In the summary of the above contents,the author puts forward some Suggestions on the legal regulation of the abuse of administrative litigation right in China from the aspects of before,during and after the filing of the case.In order to save our judicial resources,administrative resources,maintain our judicial authority,promote social harmony.