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诉权是一种救济权,存在被滥用的可能;诉权的滥用是一种侵权行为,我国目前的诉权滥用已初见端倪,缺乏应有的法律规制,应借鉴相关国家关于惩戒诉权滥用的立法,建立我国的滥用诉权侵权赔偿制度,保证诉讼权利合法正当行使,实现公力救济与社会效益并举。我国民事诉讼法为保障当事人有效地行使诉权作了较为详尽的规定,但在如何有效地限制当事人滥用民事诉权及因滥用民事诉权使诉讼对方遭受财产和精神损失时如何追究责任方面未作立法规定。有些当事人趁此以不正当诉讼目的随意错诉或滥用民事诉权,扰乱正常诉讼程序,其结果不利于和谐社会的构建与和谐诉讼审判,既浪费了国家有限司法资源,又给诉讼对方及其亲属造成了物质和精神损害。该项法律制度的缺失,不仅给人们带来了诸多不便和烦恼,还给社会带来了不稳定因素,严重阻碍了依法治国和民主法制建设的进程,应引起立法界和司法界的高度重视。具体而言,一是要在民事诉讼法的完善中考虑确立滥用诉权责任约束制度,通过增加成本来防止滥用诉权。二是在实体法中建立诉讼侵权赔偿制度体系,对滥用诉权者作出惩罚性的规定。
The abuse of the right of action is a kind of infringement. At present, the abuse of the right of action has begun to take shape and the legal system is lacking. We should learn from the legislation of the relevant countries on abuse of the right to abuse the right, The establishment of China’s abuse of right infringement compensation system, to ensure that lawsuits right to legitimate and proper exercise of public relief and social benefits simultaneously. China’s Civil Procedure Law provides more detailed provisions for the parties to effectively exercise their rights of appeal. However, there are no legislative provisions on how to effectively limit the party’s abuse of civil rights and how to hold the parties liable for their property and spirits due to misuse of civil rights. . Some of the parties take the opportunity to arbitrarily misuse or abuse their right to civil actions for the purpose of improper proceedings and upset the normal procedure. The result is not conducive to the construction of a harmonious society and the trial of a harmonious litigation, which istes both the limited judicial resources of the State and the litigants and their relatives Caused material and mental damage. The absence of this legal system has not only brought inconvenience and annoyance to the people, but also brought instability to the society and seriously hindered the process of governing the country according to law and the construction of a democracy and the legal system, which should attract the attention of the legislature and the judiciary . Specifically, one is to consider the establishment of a system of restraint of abuse of right of action in the perfection of the Code of Civil Procedure, and prevent the abuse of the right of action by increasing the cost. The second is to establish litigation and infringement compensation system in substantive law, punishing abusers.