Font Size: a A A

Study On The Regulation Of Civil Malicious Litigation

Posted on:2016-05-31Degree:MasterType:Thesis
Country:ChinaCandidate:Y T LiFull Text:PDF
Abstract/Summary:PDF Full Text Request
Malicious litigation comes from abuse of right in the common law system, mainly refers to the lawsuit with no legal basis or proper purpose. In America, malicious litigation will be defined as an independent tort type, which provides necessary theoretical support for the regulation of malicious litigation. The definition of malicious litigation in America law provides enough inspiration to us: How can we define it in our country? And what can we do to regulate it effectively? This paper puts the studying point in the civil procedural law in our country and tries to answer these questions through studying to solve the problems.This paper defines the concept of civil malicious litigation, then summed up some relative theory in our country, and endorsed one of them as the definition of civil malicious litigation in our country which the author agrees with. And by studying the similar concept and the regulation system in civil law and common law, the paper tries to provide some advice to regulate the similar actions in our country. The paper is divided into three parts:The first chapter mainly defines civil malicious litigation, states the difference between it with the relative concept, studies the type and the essential characteristics of civil malicious litigation, then points out the necessity for regulation.The second chapter studies malicious civil litigation in other countries. Author were France, Germany, Japan from the civil law system and the US and UK from the common system are included in this paper.The third chapter discusses about the regulation of malicious civil litigation. By analysis of the current regulation in our country, this paper gives come advise to regulate the civil malicious litigation based on procedural and substantive law.
Keywords/Search Tags:Malicious Litigation, Civil Process, Regulation
PDF Full Text Request
Related items