立案登记制下的民事诉权滥用问题研究

Study on Abuse of Civil Action Right of the China's Register System

立案登记制的确立,在赋予当事人以较低的立案门槛使其争议得到实体审理机会的同时,也带来诉权滥用愈发严重的后果。对此,我国新民事诉讼法对妨害正当行使诉权的恶意行为予以事后惩罚。但是,鉴于诉权滥用行为在立案登记阶段的特殊性,如何在争议纠纷尚未进入实体审理之前,细化和落实对诉权滥用行为的具体规制是我们必须研究的问题。

With the establishment of register system,the parties make their controversies to the trial much easier through the reduction of threshold. Meanwhile,the phenomenon of Abuse of Civil Action Right is serious. For the purpose,the new civil procedure law makes the after- punishment to those who interfere with the right exertion of civil action right. But in the view of particularity of abuse of action right during the register system,before the controversy enters into the real trial,we must study the problem that how to refine and implement the effective regulation on abuse of action right.