Hostile Lawsuits and the Controlling
|Keywords||hostile lawsuits litigious right abuse litigation deceit castigatory principle|
At present, hostile lawsuits almost exist in every country, no matter it belongs to Anglo-American law system or continental legal system. How to deal with hostile lawsuits and how to timely and efficiently solve the dispute in them are the two questions that nearly every country focuses its attention on. Hostile lawsuits will not only dissipate judiciary resources and run counter to the rule of being efficient, but also ruin the dignity and belief of the legal system; meanwhile they do harm to the citizen’s legitimate rights and interests. As a result, it is extremely urgent to put forward a solution to effectively controlling hostile lawsuits.In China, there are some methods now that function well in controlling hostile lawsuits, but these are far from satisfying the ever-changing society and they themselves have many drawbacks. Thus, how to control hostile lawsuits becomes a subject we have to take an in-depth research on.The present thesis is to study the hostile lawsuit and its controlling methods from the following four aspects. The first section explains the source of the hostile lawsuit and analyses the notion and nature. The author plans to define the act of hostile lawsuit as:hostile lawsuit is an act that the doer deliberately conducts a groundless legal action, who aims at gaining some illegal interests or doing harm to others". By studying and analyzing from the perspectives of society and judicature, the second section reveals the objective reasons for the existence of hostile lawsuits, in order to provide us with better solutions to controlling the hostile lawsuit. The reasons mainly include the objectivity of competition; the complexity of modern life; the society’s tolerance toward the lawsuits:the changes in mediating the dispute; the passiveness and stationarity of judicial actions and the slack law control. The third section argues the status quo of hostile lawsuits in German, France and Japan, classifies the hostile lawsuits at home, and concludes their characteristics. The characteristics of Chinese lawsuits can be generalized as the following:1. achieving the illegal purpose by the mediation of hostile lawsuits; 2. complicated & closed relations, secret& intimate cooperation; 3. lawsuits of similar types, esp. in the field of properties. The fourth section states the current controlling solutions employed in our country and the ones in two major law systems, figures out the basis of controlling the hostile lawsuits, and analyses the solutions to controlling the hostile lawsuits from two perspectives---preventive controlling and castigatory controlling. The present thesis takes a thorough analysis on the controlling of hostile lawsuits with the aim of grasping the nature of hostile lawsuits, finding better solutions to control them, mediating the dispute punctually, efficiently and fairly and indeed protecting the citizen’s rights.