Study On Relief Of The People Whose Name To Be Fraudulent On Civil Litigation

With the rule of law sink deep into the hearts of the people, more and more people choose to use litigation to resolve civil disputes. Due to the lack of ethical values by the parties, resulting in fraudulent use of names of judicial practice litigation cases occasionally occur. People participate in an action by brought in others name , not only harms the person's name to be fraudulent use of procedural rights, it alsoundermines their physical rights. However, the current judicial practice in China has made effective sentence for fraudulent use of the name is generally used for retrial proceedings manner the rights of persons to be fraudulent use of names for relief, this single remedy in many cases is not sufficient to take Name of the rights of persons with adequate relief. Based on this, I hope this is fraudulent use of the name rights to relief centers to demonstrate the theme of paper can cause attention to theory and practice, the rights to the name by fraudulent use of full relief.This total, more than three thousand words, in addition to the introduction and conclusion is divided into five parts. The first part is a brief overview of fraudulent use of names of the proceedings. Fraudulent use of the name begins with the first lawsuit describes a typical case, then action on the causes of fraudulent use of the name, elements, types analyzed. In recent years, with the awareness of civil law, to resolve disputes through litigation has become the norm. Name of Action, fraudulent use of fraudulent use of the name of another person, without their consent, and to conduct litigation on behalf of others. Fraudulent use of names of parties to litigation may be the increase in complaints tired of the parties to exercise the legitimate right of appeal and other cases, fraudulent use of the name of the rights of persons to be caused great damage.The second part discusses the fraudulent use of names of people to be false may be subject to infringement proceedings. First, the names of people from being falsely rights litigation in the basis of false - status of the proceedings start, discusses the different types of fraudulent use of names was fraudulent use of names of people in action lawsuit status. Secondly, the names of people described by fraudulent use of fraudulent use of the name in the lawsuit may be the procedural rights and substantive rights against infringement, fraudulent use of the name that is the need for the rights of relief.The third part is the name of human rights by falsely relief a brief description of the basis, both through theoretical and practical aspects of fraudulent use of names to describe the rights being the basis for relief. The fourth section describes the rights of being fraudulent use of the name of judicial relief situation and existing problems. By filing to post-judgment hearing and then to the judicial status of the various stages of elaboration that the judicial practice of fraudulent use of the name being the imperfect protection of the rights of relief. This kind of fraudulent use of that name by the imperfections of human rights relief, make a statutory violation of the rights of the parties, which cast doubt on the authority of the judiciary. Therefore, we need to find appropriate ways to perfect the rights of persons to be fraudulent use of the name of relief.Part V discusses the principles of constructing the right remedy, the proceedings in the name of human rights by falsely improve and fraudulent use of the name of relief after the commencement of proceedings the right decision was fraudulent use of names of people the perfect three-part relief. Theoretically, there must have relief against the principle of the principle of timely relief, the full relief principles and the principle of justice is to build the ultimate right to resolve the basic principles of relief measures, improve the rights of the name to be fraudulent use of remedies must be based on the above principles, fully integrated consideration of the principle. In practice, architecture, and should be from the proceedings after the commencement of lawsuit settlements and two different time periods, respectively, the construction of targeted improvement measures.