试论对民事诉权滥用行为的规制

诉权是公民的一项宪法性权利.但民事诉权的行使一旦超出合法界限,损害他人合法权益,就应当承担相应的法律责任.本文剖析、阐述了民事诉权滥用的内涵以及对民事诉权滥用行为进行规制的理论与现实依据,并就对民事诉权滥用进行规制应注意的问题和如何进行民事诉权滥用规制进行了分析探讨.

On the Regulation of Abusive Action of Civil Litigious Right

Litigious right is a constitutional right of citizens. But if civil litigious right exceeds the legal bound and makes others' legal right impaired, the person should undertake the corresponding legal responsibility. This article analyzes and conpounds the inherent meanings of the abuse of civil litigious right and the theory & practical basis of regulation of abusive action of civil right. It also sets forth what we should pay attention to dealing with how to regulate the abusive action of civil litigious right and gives an analysis concerning how to regulate it.