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Research On The Prevention And Regulation Of The Civil False Lawsuit

Posted on:2017-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:H M GuoFull Text:PDF
GTID:2336330503480844Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
With the continuous development and improvement of the economic level of our country,and the continuous prosperity of the socialist market economy,in the civil field, the economic exchanges between the people will be increased,the number of civil disputes also change accordingly,among all kinds of civil disputes, there is a kind of false and untrue dispute,this dispute uses limited judicial resources to seek the illegal interests of the parties to the dispute,to put on the illegal behavior of the legal coat,and this behavior presents a large area of the trend of the spread,this kind of behavior is the act of false action.For the study of false litigation in our country has been for many years time,the object of this paper is the problem of false litigation in the field of civil litigation,so called civil false litigation,this article will focus on researches on the prevention and regulation of the civil false action.The concept of false civil lawsuit in our country have not clear definition,So want to make a distinction between civil false lawsuit and similar concepts,with malicious litigation and litigation fraud,they have something different,civil false litigation is different from general civil action,have their own special features,the parties to a case of special relationship and special suffer objects,as well as the civil false litigation in today's society there is a lot of harm,endangering national judicial power and the social moral system,civil false action of regulation has a great significance.In practice,courts play an irreplaceable role in preventing and regulating the civil false litigation,our courts in handling civil false action play a good style,they always summarize the status of the civil false litigation in the judicial practice and the experience of the management of its occurrence,and all over the courts according to their own experience in dealing with the issue of the respective judicial measures,to provide a great help in dealing with the issue of false litigation in the all over the courts,this is court good exploration in practice.The court of our country is facing the problem of the civil false action,but there are still many problems in our country's legal regulation of false litigation and the practice of dealing with the false litigation in civil law,the lack of integrity of the modern society and the judicial operation of the various measures are not perfect,our courts current legislation on civil false litigation regulation such as blank,all of this need to be improved as soon as possible.Found that the problem will solve the problem,in view of the problems existing in the judicial practice of the civil false litigation in our country,put forward proposals through research,in order to improve the prevention and regulation of the civil false litigation,make the problem of false civil litigation in our country has been a good solution,so that with the improvement of the response to the last can completely eliminate the false civil litigation,also hope that through the study of the article to our country handling of false litigation some modest contribution.
Keywords/Search Tags:Civil false lawsuit, Malicious prosecution, Abuse of Right, Honesty and credibility
PDF Full Text Request
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