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Research On The Tort Liability Of Malicious Litigation

Posted on:2015-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:S H YangFull Text:PDF
GTID:2296330431483780Subject:Law
Abstract/Summary:PDF Full Text Request
Exercise their litigation rights safeguard their legitimate rights and interests is one of the most effective means of right relief society ruled by law, and the exercise of the litigation right embodies the progress of modern civilization. The development of anything has its negative, however, the generation of malicious litigation, undoubtedly become a public nuisance. Malicious lawsuit has yet become the common concern of legal theory and practice, but the act of tort liability is not clearly malicious prosecution tort liability, which makes the malicious prosecution tort in the current our country’s civil substantive law category, and still didn’t get effective admitted that the lack of legislation make malicious litigation cannot get effective punishment and containment, legitimate rights and interests of the lack of relief, social contradictions also cannot effectively resolved. Although the procedural law have to regulating the abuse of procedural rights. The malicious prosecution tort in the current our country’s civil substantive law category, there is still no effective recognition, the lack of legislation make malicious litigation cannot get effective punishment and containment, legitimate rights and interests of the lack of relief, social contradictions also cannot be effectively resolved. Although the procedural law have to rules regulating the abuse of procedural rights, but no entity responsibility procedural regulation, often can only become a mere formality. Therefore, establishing and perfecting of malicious prosecution tort liability system in China has become the top priority. Based on malicious prosecution tort as the research object, draw lessons from the beneficial experience of both at home and abroad, from the Angle of tort of malicious lawsuit behavior study and discussion, in order to perfect our tort liability law, and provide theoretical reference for the judicial practice.In the introduction part, the author in a typical malicious prosecution case raises the concept of malicious litigation. In the body, the author analysis and research on this problem in three aspects, the first part from the two aspects of legislation and judicature of malicious prosecution in our country’s present situation as well as on the substantive law to regulate the feasibility and necessity of malicious litigation; The second part with reference to the composition of common tort liability from the main body, behavior and damage consequence and the causal relationship between four aspects to discuss the makeup of malicious prosecution tort liability; The third part from the malicious prosecution tort liability to pay compensation ways and compensation scope two aspects elaborated the malicious litigation civil liability for infringement of rights, a clear idea of the specific provisions of writing a malicious prosecution tort law content, determine the malicious prosecution tort liability to pay compensation way of taking the property bear way, spirit, bear the way and the way the comprehensive responsibility. Claims and bring punitive damages into the scope of compensation of malicious prosecution tort liability, in order to build a perfect system of prevention and control of malicious litigation regulation purposes.
Keywords/Search Tags:Malicious, Litigation Situation, Tort, Civil Liability
PDF Full Text Request
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