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Finds Malicious Litigation And Civil Legal Regulation

Posted on:2016-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
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With the rapid acceleration of the process of our country’s legal system, awareness of rights of citizens of our country is slowly increased, when people’s rights are being violated, people are more willing to pick up the legal weapons, the use of legal means to defend themselves the legitimate rights and interests, and the concept of the rule of law also requires us to emphasize the rights of citizens have been violated at the time given by the State will use our sacred legal weapons to defend their rights against unlawful infringement. Traditional Chinese legal concept has been respected, "appeasement" "and for your" thinking, the Chinese people are afraid to court, fear into the court, however, these traditional concepts associated with the construction of China’s socialist legal system gradually by people abandoned. However, our country is in a transition period of society, our legal system is not perfect, but also the integrity of the system has not been fully completed, and therefore, the state gives us the legal weapons tend to be some attempt to know the law but there are people who do not use, they become seek illegal interests.Although the 2012 amendments to the Civil Procedure Law of new malicious prosecution made a regulation on a procedural law and the principle of good faith as a fundamental principle of our civil procedure law which is determined down, but these are not sufficient and effective containment civil malicious litigation occurred.For the definition of civil theorists surviving malicious litigation have a lot of controversy, judicial practice on this issue there is no uniform standard. So what is necessary for malicious prosecution, malicious prosecution how to define, malicious prosecution how to produce effective regulation conclusive.
Keywords/Search Tags:civil malicious litigation, legal regulation, abuse the right to appeal, Litigation fraud
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