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Responsibility Of Tort Litigation In Bad Faith

Posted on:2014-12-09Degree:MasterType:Thesis
Country:ChinaCandidate:S YuFull Text:PDF
GTID:2266330401485021Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years, the malicious prosecution tort cases occur frequently, caused thewide attention from all walks of life. Malicious prosecution tort disrupted the victimcalm life, damage the legitimate interests, and disturb the social order, wasted the judicialresources, cause serious damage to the social stability. Due to the particularity ofmalicious prosecution tort and general tort behavior also have very big difference, so,only use the general clause of tort law is difficult to make the victim compensationeffectively, thus must explore a more effective way, to fundamentally curb the occurrenceof malicious prosecution tort case, so the legal regulation on malicious prosecution tortproblem is very important. In this paper, the text is divided into four parts:Chapter I: the connotation of malicious prosecution tort liability and basis,summarizes the connotation and characteristics of malicious prosecution tort liability,and analyses the theoretical basis of malicious prosecution tort liability;Chapter II: the status quo of malicious prosecution tort liability, and summarizes thecurrent status about the malicious prosecution tort liability legislation and theoreticalresearch status;Chapter III: the malicious prosecution tort causes and hazards, and summed up themalicious prosecution tort why will happen frequently and harm;Chapter IV: the building of malicious prosecution tort liability system, from twoaspects of procedural law and substantive law is discussed how to construct the maliciousprosecution tort liability system, combining with the revised\"tort law\" relevant content,and puts forward Suggestions for the construction of malicious prosecution tort lawsystem.
Keywords/Search Tags:malicious prosecution tort, current situation, legal institutions, constitutive requirement, extent of compensation
PDF Full Text Request
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