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Civil Litigation Identification Of Malicious Explore

Posted on:2015-02-26Degree:MasterType:Thesis
Country:ChinaCandidate:M N LiFull Text:PDF
GTID:2266330428465663Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Malicious damage to civil litigation is a national, collective and individual interests inlitigation behavior. In recent years, there is a growing trend, this behavior disturbed the normallegal order, to conduct legitimate lawsuit against the interests of others as a tool. Phenomenon oframpant civil litigation and malicious harm should arouse our attention, our current law can notbe a strong aversion, this will not protect the legitimate rights and interests of victims, contraryto the requirements of the rule of law society. Specific regulatory approach can not specify it bigreason is the civil litigation malicious behavior is difficult to identify in practice, such behavior isextremely subtle. This requires judicial workers who use a variety of approaches to the normaljudicial activities to recognize it out, and this is the purpose of this paper to create.The civil litigation malicious acts do a general overview describes the causes of hazardsassociated with the concept, and then make a comparison with the concept of the concept of civillitigation and other similar malicious behavior, so that readers of civil litigation malicious actshave a general understanding, but also leads to the problem of identifying the text of its lay asolid foundation.Describes the current law on the regulation of civil litigation malicious way,mainly from the pre-filing, trial, outlined three time periods when closed, which basically coversthree time periods of all time civil malicious litigation arise through the introduction of theseregulations way out of our current legal thinking is how to identify the behavior of civilmalicious litigation, and thus after two chapters on identifying ways for furtherscrutiny.Introduces the basic civil recognition of malicious litigation, civil malicious litigationthrough the body, characteristic of malicious civil litigation, civil identification standards forthree aspects of malicious litigation identify issues in the litigation process to lay the foundation,which is also further analysis of this behavior, to identify countermeasures to clear technicalproblems.The core part of the article, which describes the behavior of malicious litigationdifficulties and countermeasures identified, both of which are complementary to introducedifficulties across difficulties, then that is a brighter future, and work out countermeasures toidentify these countermeasures under civil malicious Prosecution exhibit different types of classification.
Keywords/Search Tags:Civil malicious litigation, Identification, Evidence
PDF Full Text Request
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