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有权利的存在,就有权利被滥用的可能。在我国,诉权作为公民的一项基本权利,受到了法律的高度关注和重点保护。然而,近几年来,诉权却因部分公民的一己私利而被无端滥用。与此同时,作为我国“维护公平与正义的最后一道防线”的诉讼,也因日益频发的恶意诉讼受到了一定程度的冲击。鉴于此,“如何有效规制恶意诉讼问题”无疑成为我国法学理论界和实务界关注的焦点。为此,2013年1月1日实施的新民诉法也将恶意诉讼问题纳入了法律规制的范围。然而,正因恶意诉讼首次入法,相关法律规定仍不健全。而且,法律规范固有的滞后性缺陷,也使其无法适应社会的变化。因此,不断健全并完善恶意诉讼防范与规制机制势在必行。
The existence of the right, there is the possibility of abuse. In our country, as one of the basic rights of citizens, the right to sue has been paid great attention and protected by law. However, in recent years, the right of action has been indiscriminately abused by the selfish interests of some citizens. In the meantime, the litigation, as the “last line of defense for maintaining fairness and justice” in our country, has also been hit to a certain extent by the increasingly frequent malicious litigation. In view of this, “how to effectively regulate malicious litigation ” undoubtedly become the focus of attention of our legal theorists and practitioners. To this end, the new People’s Procuratorate Law, implemented on January 1, 2013, also incorporates the problem of malicious litigation into the scope of legal regulation. However, due to the first time that a malicious action was brought into law, the relevant legal provisions are still not perfect. Moreover, the inherent lag of legal norms also make it unable to adapt to changes in society. Therefore, it is imperative to continuously improve and perfect the mechanism of prevention and regulation of malicious litigation.