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Perfection Of Civil Procedure Charging Purposes Innovative Concept And Litigation Fees System

Posted on:2016-05-27Degree:MasterType:Thesis
Country:ChinaCandidate:X F ZhangFull Text:PDF
GTID:2296330482960013Subject:Law
Abstract/Summary:PDF Full Text Request
Litigation costs as part of the judicial system, covering a very wide range. This paper attempts to empirical research methods to civil action charging purposes as a starting point, one by one analysis, that the only limit frivolous lawsuits is the sole legitimate purpose. Current Situation of Civil Procedure and run the charging system and the plight of the departure from the purpose of the analysis. Finally, to improve the system’s proposal, in order to build up the right to appeal both to safeguard the legitimate parties can effectively limit frivolous lawsuits, more rational litigation charges.In this paper, information literature and empirical research methods to civil action charging system for the purpose of study and the main starting point for our current lawsuit charging system research and analysis, and make recommendations for changes to the system for the purpose of limiting frivolous lawsuits. The article is divided into four parts.The first part is an overview of the purpose and function of multiple litigation charge system diversification reflection. From a historical study of lawsuit charging system concept to explore the purpose of litigation fee system concept contemporary purposes. Rationality and irrationality fee system design analysis of the four projects. Conclusions drawn only limit frivolous lawsuits litigation charge system design is the sole legitimate purpose.The second part is the focus of this article. Demonstration limit frivolous lawsuits litigation charges for the sole purpose of the rationale and justification. The country’s main draws in part on two legal measures to regulate aspects of frivolous lawsuits, describes the general performance of abuse complaints and dangers, analyzes the important means of extraterritorial limit frivolous lawsuits are reasonable litigation fees, and finally through rational argument appropriate fee limit frivolous lawsuits general institutional principles.The third part is the plight of Objective Situation litigation fees and litigation charge system deviates from running. In the "measures" in some of the provisions in practice run limit frivolous lawsuits not only did not play a role, and to some extent on the behavior of frivolous lawsuits play a role in fueling.The fourth part of the complaint in order to limit abuse lawsuit charging system for the purpose of improvement, the author of the proposal put forward in terms of the charging system itself and the related system.
Keywords/Search Tags:litigation charge, purpose, abuse of the right to appeal, System Construction
PDF Full Text Request
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