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Litigation Rate Study

Posted on:2005-08-23Degree:MasterType:Thesis
Country:ChinaCandidate:M TangFull Text:PDF
GTID:2206360125461642Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Through analyzing data of real cases, this dissertation carries on systematic research about the litigation rate, a comprehensive and neutral measure, indicates the relativity between litigation rate and social economic development of our country. From the aspects of social consciousness, judicial system and Alternative Dispute Resolution, the paper analyses macroscopically factors which influence litigation rate. Depending on establishing litigation model, it also states micro factors which influence parties' attitude toward lawsuits. On this basis, the dissertation put forward general principles and institutional plans of controlling rate of litigation. That is, we can't absolutely draw the conclusion of restraining litigations only for national fundamental attitude to intensifying litigation rate's control. It should analyze different kinds of disputes, encourage or suppress lawsuits according to the comparison between positive externality and negative externality impacts engendered by lawsuit. On this basis, take measures to encourage or suppress lawsuits to obtain the goal of controlling rate of litigation. These measures like perfecting ADR, developing the judicial system of symmetric information and so on.
Keywords/Search Tags:litigation rate, externality, asymmetrical information, exchange evidence
PDF Full Text Request
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