规制民事诉权滥用的程序法视角

诉权滥用是民事诉讼中客观存在的权利滥用行为.尽管理论和司法上对待诉权滥用的态度不尽相同,但是两大法系主要国家有关规制诉权滥用行为的经验值得我国借鉴.民事诉讼法应当在规制诉权滥用方面发挥主导作用,并为此在原则到制度的若干层面进行必要的改革.

An Analysis From the Procedural Law Perspective of Legal Regulation to the Abuse of the Right to Sue

The right to sue is one of the basic rights for citizen to seek judicial remedies or resolutions for civil disputes, which is also the key factor that can start the civil procedure. And meanwhile, some people misuse this right in the practice of civil litigation in order to carry out their illegal goals. Although there are many different theoretical and practical opinions in different countries, there does exist one common standing point, both countries of civil law and common law system deny the validity of the misusing conducts. All these legal regulation method in different countries make good example for us to regulate the abusive conducts in our civil litigation system. In order to do so, reforming the civil procedural law should be the most important step, which contains establishing the new principles and refreshing some new procedural devices.