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Legal Regulation Of Malicious Litigation

Posted on:2017-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:Z Z MiFull Text:PDF
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The malicious lawsuit that is human behavior in order to seek the legitimate rights and interests of the illegal benefit or harm others, no justification or fabricated legal facts deliberately filed a civil or criminal proceedings, property losses are caused by others, people physical and mental damage. Malicious prosecution is a kind of independent infringement that covers the illegal purpose through legal means. With the deepening of the construction of the rule of law, malicious litigation has become a cancer of the litigation activities in our country, not only damage the lawful rights and interests of others, but is of limited judicial resource abuse is the credibility of the judiciary to get illegal interests, damage of property of others, personal illegal purpose, severely reducing the credibility of the law. The revised civil procedure law in 2012, although in 112,113 of the trial procedure and implementation of malicious collusive action to regulate, but in accordance with the provisions of article two of the contents, regulation of the parties is malicious collusion, did not involve unilateral malicious litigation and abused by the proceedings of the case, not all types of the behavior of malicious litigation law into the scope of regulation, is also a lack of coordination with the relevant laws in the system, failed to form a force regulating malicious litigation behavior, and the current academic circles and the judicial practice research on malicious litigation results have certain differences, coupled with the law in accordance with Article two, the contents of general provisions only in court we should reject the request and the court to sanction the malicious program. Visible, the our country civil procedure law did not malicious action on the concept, elements to a clear definition and scope of malicious prosecution tort liability and compensation for damage, the third person’s right in the malicious litigation to protect to be provided. This paper aims to analyze the malicious civil action, in our existing on malicious litigation and legal regulation based on proposed prevention and containment of Malicious Civil Action Scheme and measures, implementation of substantive law and procedural law pay equal attention to ", in the civil substantive law and procedural law, criminal substantive law put forward are clear and specific legislative proposals, form a system of the legal regulation of malicious prosecution, in order to safeguard the citizen’s legitimate rights and interests of the civil.
Keywords/Search Tags:malicious litigation, tort, abuse of right of action, abuse of the right of action
PDF Full Text Request
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