Judicial Review Path Of Abuse Of Administrative Litigation Right

In the field of administrative litigation,the abuse of litigation right refers to the behavior of the plaintiff party wrongly or improperly exercising his administrative litigation right.In order to regulate this kind of behavior,the Supreme People’s Court issued the "Several Opinions on Further Protecting and Regulating the Party’s Legal Exercise of Administrative Litigation Rights" in August 2017,which provided the court with a basis for identification and regulation when faced with some parties’ abuse of the right of litigation..But at the same time,the construction of the concept of abuse of the right of litigation in the field of administrative procedure law in my country is not perfect.On the one hand,the connotation of the concept of abuse of the right of litigation itself is not clear,the positioning of legal norms is vague,the internal structure lacks typification,judgment standards and review procedures,etc.,also need to be further reached a consensus.After sorting out the existing judicial decisions,it is found that when the court uses the concept of abuse of the right of litigation,it essentially refers to the abuse of the right of administrative litigation.Secondly,from the perspective of semantics and logic,if the court wants to determine that the litigant’s litigation constitutes an abuse of litigation right,it must first examine whether it has administrative litigation right.The acquisition of the right of litigation and the prohibition of abuse also constitute the premise for the discussion of the question of abuse of the right of litigation.The clauses concerning the acquisition of administrative litigation rights are essentially the norms of legal litigation conditions.If the litigation of the party does not meet the statutory requirements for litigation,then he has not obtained the administrative litigation right,which does not belong to the category of abuse of litigation right,but belongs to the case type without the right to litigate.Through a typological analysis of existing judicial judgment documents,it can be found that this type of cases without the right to prosecute specifically includes exceeding the statutory statute of limitations,mislisting the defendant and refusal to correct,repeated prosecution,binding by an effective judgment,and not belonging to administrative litigation.The scope of the case and other forms.Through the analysis of legal hermeneutics,it can be found that,in addition to the case of no right of litigation,there are concepts such as entangled litigation and malicious litigation,which need to be excluded from the concept of abuse of litigation right.Excluding all kinds of cases without the right to prosecute,the remaining cases belong to the abuse of the right of prosecution that the "Several Opinions" really want to regulate.Through the typological analysis of judicial judgments,it specifically includes specific types of the abuse of the right of suit caused by improper purpose,the abuse of the right of suit caused by lack of legitimate rights,the abuse of the right of suit caused by violation of the principle of good faith,and the abuse of the right of suit caused by improper litigation.The court should apply obvious malicious standards to judge whether the party constitutes an abuse of the right of litigation,and at the same time comprehensively judge whether there is a need for regulation,and then restrict the litigant’s future litigation behavior to a certain extent in accordance with the law to prevent the problem of abuse of the right of litigation from reappearing.Through the integration of norms and typical case judgment ideas,the court can establish in future cases involving the abuse of litigation rights: whether the right of litigation exists-whether the exercise of substantive rights is appropriate-whether the exercise of the right of litigation is appropriate or not.