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Proceeding Fraud Issues

Posted on:2014-05-29Degree:MasterType:Thesis
Country:ChinaCandidate:X W WangFull Text:PDF
GTID:2266330422952620Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Litigation,as a national force dispute resolution mechanism, is an effective means to solve the disputeand to maintain the stability of the country.However, the act of litigation fraud is the procedure to illegalpurpose, regardless of the judicial authority.This paper analyzes and discusses the litigation fraud regulationproblem, being based on the cognition and regulation, starting from the concept, the origin and harm of thebehavior, through the analysis and study of foreign similar problems, combining with China’s currentjudicial situation.This article is divided into four parts with about forty thousand words.The first part mainly discusses the basic problems of litigation fraud. The author discussed the conceptof fraud litigation, analyzed some related concepts and the causes and hazards.The second part is the analysis of the existing, mainly introduces the common types of fraud in lawsuit.The author describes the act of litigation fraud in civil proceedings, administrative proceedings, the specialprocedure of civil litigation and criminal litigation,and summarized and analyzed various types and typicalcases as intuitive understanding.The third part is the comparative analysis,comparison method to study on the act of litigation fraud.The author introduced and compared the relevant provisions of the civil law countries and regions such asFrance, Germany, Japan and Macao of China and common law countries such as the United States ofAmerica and the British of the fraud in lawsuit.The fourth part is the analysis of legal regulation,. Firstly, rough statistics was made of the legal statusof our country to this behavior, then the author analyzed the basic path to solve the problem of regulation,and finally tried to make the suggestions and ideas on the regulation of fraud in lawsuit.
Keywords/Search Tags:Litigation fraud, legal regulation
PDF Full Text Request
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