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Legal Regulation Of Civil False Lawsuit

Posted on:2016-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:C Z ChenFull Text:PDF
GTID:2206330482464667Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, our country in the field of judicial false case quantity is obviously rising trend, which not only cause the attention of the law, but also caused the academic circles study zeal. False litigation time is short in our country, theoretical research is still in its infancy. A high incidence of false litigation main reason lies in the imperfect legal system, judicial mechanism is not sound. Aiming at false civil litigation issues of legal regulation of the study, through the practice of the two cases for the characteristics of false action in the derivation, the summary of false litigation on the basis of the definition, types and hazards, analyze the reasons of the existence of the false civil procedure, and then puts forward some ideas of regulation of false action. From the two aspects of legislation regulation and legal regulation analysis of the legal regulating of the false action. To regulate aspects combining with the current civil procedure law and law system, and analysis how to false litigation regulation legal system further embodiment, in order to achieve more effective regulation of false litigation. Provisions from the litigants have the duty to real statement, refined, false litigation law, perfect the outside the vest procuratorial organs with the protection of the third person and the civil procedure law regulating Suggestions more supervision, etc. Effectively regulate false litigation should not only system, gradual perfecting legal system construction, still need to rely on perfect legal system to cooperate. Article Suggestions to perfect the judicial system in the false litigation, regulation should pay attention to the standard of litigant lawsuit behavior, improve the mediation system in the application of false litigation defects and improve the system of evidence examination and so on. Build a diversified coping mechanism is of great significance to the regulation of false action. Standard lawsuit behavior, maintain the legal authority, and purify the judicial space, the final constraint of false action in the judicial practice, this is the starting point of this writing.
Keywords/Search Tags:Civil, False litigation, Genesis, Legal regulation
PDF Full Text Request
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