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Coping Mechanisms Of False Lawsuits Of Civil

Posted on:2016-08-01Degree:MasterType:Thesis
Country:ChinaCandidate:J WangFull Text:PDF
GTID:2296330482960032Subject:Law
Abstract/Summary:PDF Full Text Request
With the development of China’s market economy and Progress of the rule of law,people’s values become diversified. More people realize that protection of personal interests is quite important and lawsuit is the most effective way to protect the lawful right and interests and to solve disputes.Meanwhile,false lawsuits of civil that infringe upon the legal rights and interests of the others in order to gain illicit advantages are increasing.False lawsuit of civil refers to the lawsuit through which the parties illegally seize or damage the property or rights of the third party. To achieve the goal,abusing litigant rights, the parties fabricate litigant subject,facts,evidence There are similarities between false lawsuits of civil and lawsuit fraudulence or hostile lawsuits, and differences as well. False lawsuits of civil create more social harmfulness.They damage not only the legal rights of the victim, but also the judicial authority.They deceive the state judiciary and make judicial activities a tool of deception, which become an obstacle to judicial acitities.The apperence of false lawsuits of civil is related to concept deviation,absence of legal regulation,inadequate trial management and weakening of jurisdiction. In the prevention and regulation of the proceedings false,China Should strengthen the judge’s enthusiasm and control in the proceedings, Improve the civil procedure system, Establishment of civil compensation system of false civil action,The elements of the crime of false action in the amendment of criminal law(nine) should be improved and refined.At the same time, strengthen the construction of social honesty,Maximum containment of false Lawsuits of civil.By analysing their connotations,types,characteristics and the real court cases,this Paper is determined to explore the root and harm of false lawsuits and put forward the countermeasures against them so that litigation activities are conduced in a normal and orderly manner.
Keywords/Search Tags:false Lawsuits of civil, type, cause, harm, Coping mechanism
PDF Full Text Request
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