The Regulation Of Civil Action And Prevention

In recent years, with social progress, China’s legal knowledge of citizens and legal awareness is rapidly increasing, more and more people began litigation to protect their own interests. However, things Jie two sides in the growing civil rights consciousness, while the economic field of civil litigation with a malicious "false case" are increasing, and showed a worse can be said that civil litigation has become a malicious practice of the present trial had to deal with to resolve "chronic illness." The face of hostile domestic civil litigation grim situation, this departure from the theory and practice of justice, the concept of civil malicious actions, characteristics, causes and other aspects of analysis, to explore the dangers of civil malicious litigation, drawing on the foreign developed countries and compare practical experience, to make their own on how to regulate and prevent the malicious actions of civil views and ideas.Introduction and Conclusion to remove text, but is divided into five chapters.The first chapter is a general study of civil malicious litigation. First, according to China’s judicial theory and practice of different scholars, the concept of civil malicious litigation, constitute elements of research, and on malicious litigation and abuse of the right to appeal, legal distinction between fraud and other similar concepts to analyze, then compare the current situation at home and abroad, analysis of civil law and common law action for malicious characteristics of the legislation, so that our civil malicious litigation, and highlights the lack of legislation on the issue.The second chapter is the judicial practice in a variety of civil litigation malicious interpretation of the phenomenon. Analysis of specific cases by way of judicial practice in a variety of civil litigation phenomenon of malicious behavior, the case type, description of performance characteristics, in order to further explore how to regulate and prevent malicious civil action basis.ChapterⅢof the causes of civil litigation and malicious harm to ask, from the social level to the level of a summary of all legal proceedings resulting in the phenomenon of the proliferation of malicious elements, and analysis of the malicious behavior of our judicial proceedings as well as social harm, then leads to this article Key----how regulation and prevention of malicious civil action, for medical treatment. Fourth and firth chapters are full of heart. ChapterⅣof the Regulation and malicious civil action against the theoretical basis of issues discussed, in combination with other countries regulate the legal response to civil malicious litigation, the relevant system for our building to provide a reference. Chapter judicial practice in our country, for our civil malicious action on legislative gaps and problems in justice, how to improve our civil malicious litigation and regulatory measures to prevent the legal recommendations.