Font Size: a A A

Malicious Litigation Legal Regulation Theory

Posted on:2006-06-13Degree:MasterType:Thesis
Country:ChinaCandidate:H LiFull Text:PDF
GTID:2206360152987722Subject:Law
Abstract/Summary:PDF Full Text Request
Litigious right is an effective means for litigants to defend their legitimate interests. But in particular circumstances, suit will produce some negative roles and become a tool of litigants to gloss over their unlawful interests and evil intentions. And due to lack of structural legal constraint, malicious institution of civil proceedings (MICP) manifolds in our judicial practices. In this article, the author does the theoretical research on MICP by comparative analysis. And on this basis, the author discusses how to constrain MICP in our judicial system. Except introduction and ending, the article includes four parts, about 26,000 words. The first part: introduction. The author analyses the necessity of theoretical research on MICP, then gives a definition on MICP and show some countries' conceptual research on MICP. The second part: main thesis. The author does comparative analysis of some countries' constitutes factors of torts; then puts forward MICP to be a tort. The third part: constraint measures. After discussing theoretical basis of constraint of MICP, the author presents three main measures of constraint. The fourth part: suggestions on legislation. In this part, the author gives her own idea of constraint of MICP of our country. The constraint contents include establishment of penal sum in our civil procedural law, establishment of our MICP compensation institution in our civil law, etc.
Keywords/Search Tags:Litigation
PDF Full Text Request
Related items