段君尚

山东大学法学院助理研究员

张蓓蓓

山东大学法学院副教授

编者按

段君尚助理研究员和张蓓蓓副教授在SSCI社科类一区期刊Humanities and Social Sciences Communications合作发表文章“Abusive litigation in China: comparative insights and practical approaches for reform”。该文由中国博士后科学基金、山东大学习近平法治思想研究中心、山东大学人权研究中心资助。文章从民事、刑事角度分析我国滥诉问题，并基于比较研究结果提出改进方案。

原文摘要：

This article provides a comprehensive examination of abusive litigation in both civil and criminal cases in China, focusing on its forms and impacts. It proposes nuanced regulatory approaches that emphasize the importance of identifying responsible parties and implementing appropriate compensation measures. In the Chinese legal system, abusive litigation varies by context. In civil cases, it often manifests as actions that clog the courts and drain legal resources, raising concerns about lawyer accountability and the financial burdens on victims. Although frequently discussed in Chinese literature, the above topic has seen limited comparative analysis, despite similar problems existing across different jurisdictions and a clear need for mutual learning. The article suggests that, in civil cases, insights from English and Dutch law could assist Chinese regulators in reducing incentives for lawyers to pursue unmeritorious or abusive cases and improving compensation for victims. In the criminal law context, abusive litigation is more prevalent in minor offenses in China, primarily due to issues related to the public power structure. The proposal emphasizes the need to optimize power distribution within the Chinese legal system, thereby safeguarding the integrity of the law and upholding human rights.

编辑|高佳慧

责任编辑|董雪梅