论滥用诉权

诉权是一种程序性权利,它建立的基础是平等主体之间因人身关系和财产关系所发生的纠纷,当事人行使诉权得到了法律的保护,基于宪法对人权的保障和尊重.诉权的行使一旦超出了合法界限,就会损害他人的合法权益,诉讼随着纠纷而启动,从而出现了滥用诉权的问题.如何界定滥用诉权及滥用诉权的表现形式,都是当前需探讨的问题.

On the Abuse of the Right of Appeal

The right of appeal is one kind of procedural right,it bases on the foundation of the dispute,which occurs to the equal main body because of the interpersonal relations and the property relations.The litigant exercises the right of appeal to obtain the legal protection,based on the constitution of the security and respect for human rights.The right of appeal exercises once has surpassed the legitimate boundary,will harm the lawful rights and interests of others.The lawsuit starts along with the dispute,thus the abuse of the right of appeal appears.How to limit abuse of the right of appeal,and its manifestation,is the question,which should be explored.