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Analysis On The Identification And Regulation Of Malicious Civil Lawsuits

Posted on:2015-05-16Degree:MasterType:Thesis
Country:ChinaCandidate:H QuFull Text:PDF
GTID:2296330464471380Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Civil litigation should be use legal weapon to solve disputes, the parties to maintain their legal rights and interests of the last line of defense, embodies the legal value pursuit of fairness and justice. But in recent years, with the deepening of the country under the rule of law construction, civil use law to ego to protect consciousness gradually improve, at the same time due to the lack of legal faith rampant litigation case also increases, malicious prosecution is a product of the society.Malicious prosecution is a distortion of the value of law, it makes the parties in a lawsuit status of inequality, in the form of a seemingly legitimate reach the purpose of malicious litigation illegally, this not only caused infringement to citizen’s private right, also is a kind of public power in China’s defiance. Theory and judicial practice in our country has carried on the thorough study, problems of malicious prosecution in the new revision of the civil procedure law has increased the malicious civil lawsuit related laws and regulations, but from the whole, our country has not formed the unified understanding, to the problem of malicious litigation has not set up a system, complete malicious litigation legal system. Therefore, this article from the perspective of civil lawsuit, systematically probes into the problem of malicious civil action and research.In this paper, the text is divided into five parts:The first part is the analysis of the concept of malicious civil lawsuit. The author analyzed the outside as well as the academic definition of malicious civil action in our country, with the similar concept to carry on the analysis, and then discusses definition of malicious civil action.The second part is to analyze all aspects of the malicious civil lawsuit discussion, in order to effectively identify. With combining the practice in recent years the typical case, for all kinds of malicious civil lawsuit cases summarized the characteristics, expression form and constitutive requirements of description, to prevent and regulate malicious civil lawsuit behavior eventually provide the basis of the theory.The third part is about the malicious civil lawsuit regulation outside. The author expounds and analyzes the typical countries of continental law system and Anglo-American law system against malicious civil lawsuit problem of legal regulation, provide the beneficial to improving the malicious civil lawsuit regulation system in China.The fourth part is to explore the status quo of malicious civil lawsuit regulation in our country. This part the author will be divided into three contents:first, the legislative and judicial status quo of malicious civil lawsuit is expounded, and then put forward the current law in the regulation of malicious civil lawsuit aspects finally traced back, find specific reasons lead to these deficiencies.The fifth part is to discuss how to perfect the legal regulating of the malicious civil action. From before litigation, the author, in the final three stages after to complete regulation and combat malicious civil lawsuit, and the various stages of the specific issues put forward solutions, makes every effort to form a complete set of regulation system, more closely to prevent and combat malicious civil lawsuit behavior.
Keywords/Search Tags:Malicious civil lawsuit, Identification, Legal regulation
PDF Full Text Request
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