Prevention Mechanism and Judicial Response Strategy of Litigation Abuse under the Background of Criminal and Civil Intersection
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DOI: 10.25236/iceesr.2025.013
Corresponding Author
Xingxing Wang
Abstract
In today's judicial environment, there are more and more cross-disciplinary cases, and the accompanying abuse of litigation seriously affects judicial justice and efficiency. This paper focuses on the prevention mechanism and judicial response strategy of litigation abuse under the background of the intersection of criminal and civil. Through a systematic analysis of the basic theory, causes and existing preventive mechanisms of criminal-civil cross-litigation abuse, this paper combs the concept and types of criminal-civil cross-litigation abuse, the connotation, characteristics and harm, deeply analyzes the causes of legal norms, parties and judicial system, and examines the shortcomings of existing preventive mechanisms. The research shows that the causes of abuse of criminal and civil cross-litigation are complicated, and there are many loopholes in the existing prevention mechanism. Based on this, this paper puts forward some targeted strategies, such as perfecting the legal norm system, strengthening the judicial review mechanism, establishing a cooperative mechanism and strengthening the guidance and regulation of the parties, in order to effectively curb the abuse of litigation, optimize the allocation of judicial resources, and safeguard judicial justice and the legitimate rights and interests of the parties.
Keywords
Cross between criminal and civilian; Abuse of litigation; Preventive mechanism; Judicial coping strategies; Judicial fairness