我国《宪法》第41条出于保障公民权利、促进政治和社会正义之目的,确认了公民有权控告侵害自身及公共利益的国家机关及其工作人员。但在现实中也存在诸多公民滥用控告权的不义行为,往往出于谋取不当私利的不义动机,并运用“闹大”、“缠讼”等不义方式进行控告。控告权滥用问题对社会政治正义损害极大。为恢复和保障正义,需要以法治思维、依据法治原则改革完善控告法律制度,用法治方式对控告权滥用问题予以合理规制和有效治理。 Article 41 of China’s Constitution confirms that citizens have the right to sue state organs and their staff who infringe upon themselves and the public interest for the purpose of safeguarding citizens’ rights and promoting political and social justice. However, in reality, there are also many unruly behaviors that citizens abuse their right to sue. Often, they are accused of seeking unjust motives for improper selfish interests and using unjust methods such as “making trouble” and “torturing”. The issue of abuse of the right to sue has greatly damaged social and political justice. In order to restore and safeguard justice, we need to take the rule of law as the basis, reform and improve the legal system of accusation according to the principle of the rule of law, and rationally regulate and effectively control the abuse of the right to complain with the rule of law.