On Stipulation And Prevention Of Litigation Risk In Civil Suits

Civil proceedings are now facing the unprecedented challenges in the background of harmonious justice. The author puts forward the viewpoint that litigation risks have come into the interior system of the court. A great variety of litigation risks are the main problem that has being puzzled the judicature. This thesis will explain such questions as what the litigation risk indeed mean, how to define it and what we can do to regulate and control it.The thesis is divided into those parts:First, the author illustrates the litigation risks our courts are facing with some representative cases, and then explain the reason for writing the thesis. By analyzing the condition and the cause of the litigation risk, the thesis defines it as: all factors that can influence the judgment, and damage the credibility of justice or some non well-meaning lawsuits that infringe upon others'rights and interests.Second, on the base of studying the type of the litigation risk and the related theories, the author advances that we should define the litigation risk comprehensively. The following factors can be taken into account: the rationality of the action in the litigation, the basic principle of the civil litigation, credibility of the justice, and others'rights and interests. It is actually difficult to reification the litigation risk because it is an abstract concept. However, in this thesis, by expounding the relation of litigation risks, good faith doctrine, res judicata and the non-misuse of the rights, the author put forward some reasonable criterion, which can be of some practical significance.Last, in respect that the litigation risk has much damage, the concrete measure to prevent it has been brought forward. On the reference of the relative theories in other countries, the author comes up with the regulative measures that adapt to our own situation. The detailed and comprehensive measures involved the basic principles, proceeding control and relief steps substantially, which supply the gap of the current legislation.In the field of civil proceedings, the study on the litigation risk is not systemic and concrete except some scattered research on the abuse of litigant rights. This thesis is coming from the judgment practice, combine the theory and practice, and use the comparative and pragmatic method. With regard to the content, the author start with typical cases, then elicits and analyzes the issue, and lastly provides with regulating measures.