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Research On Civil Malicious Litigation

Posted on:2016-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:L YaoFull Text:PDF
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With the development of the democratic legal system, the legal system of our country is becoming more and more perfect, and people’s legal consciousness is increasing. Litigation has been regarded as one of the most important ways to resolve disputes and safeguard the legitimate rights and interests of the citizens. Right of appeal is a sacred right of citizens, however, some criminals use this right to seek illegitimate interests. In recent years, the malicious litigation in our country has shown a rising trend, and the phenomenon of the form of increasingly complex and diverse forms. The theoretical circle has a long time to discuss this phenomenon, in view of their respective starting point of view, the definition of the concept of malicious litigation has all kinds of opinions, but the nature of its understanding is consistent. Although the form of malicious litigation is diverse and complex, there are common characteristics:in the form of "legal"; the lack of legal reasons; the specificity and diversity of the object.There are profound economic and social reasons:in the market economy, the lack of unified and standardized credit value system, the people will be in order to pursue the interests, the current legal system is not perfect, the behavior of malicious litigation is too small, the behavior of the people can not afford to deter, the difference between the legal knowledge and legal concepts of citizens will lead to the abuse of right of action, resulting in malicious litigation. In modern countries ruled by law, people have the utmost respect and trust in law, which is not only a direct damage to the legitimate rights and interests of victims, but also impact their faith in law, and then cause doubts about the system.The law gives citizens a right to set up the protection mechanism and the abuse of the punishment mechanism, the two should be balanced in the legal level. Compared with foreign legislation, China’s law does not make specific and clear rules, therefore, the theoretical circle has a long time to explore and research, which also promote the revised civil procedure law. It is also the first time to make a clear regulation of malicious litigation. In this paper, we focus on the theoretical basis, the elements and the participants in the main part of the malicious litigation, and then the characteristics and the emergence of malicious litigation to identify the specific ways to identify malicious litigation, including the identification of information sources, identification of the main body and how to identify. And the common type that the two parties in the interests of the third party, a party through the litigation against the other side of the property type and seek property other than the specific analysis, according to their own characteristics and the emergence of the field and frequency, identify the entry path and specific method, in order to quickly and successfully identify malicious litigation, not only to avoid damage to the legitimate rights and interests, but also to improve the judicial efficiency, for the further regulation of malicious litigation.
Keywords/Search Tags:malicious action, right of action, recognition
PDF Full Text Request
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