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On Regulation Path Of Civil Malicious Litigation Procedure Law

Posted on:2017-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:L L LiFull Text:PDF
Abstract/Summary:PDF Full Text Request
In recent years,due to the lack of awareness of people’s integrity,legal system and other reasons,in civil trial appears the "malicious litigation"phenomenon."Malicious litigation" simply means that the actor is not based on the purpose of good,malicious to put forward the proposition that does not exist.Especially those studying,knowing,they found the existence of legal gaps,deliberately use court proper trial lift malicious litigation for personal interests.Although this kind of case is not much,but it is the challenge to the legal authority and the impact of social justice.This article starts with several cases,combined with their own learning knowledge and practical experience,through the use of value analysis,comparative analysis and other research methods,exploring the malicious litigation of civil procedural law regulatory measures.Found the system absence of the current civil procedure law in the typical case,summarized the foreign experience of the regulation of the civil malicious litigation,and then propose the idea of perfecting the civil procedural law.This paper is divided into four parts,a total of seventeen thousand words.First of all,to introduce the case,the civil action is divided into four kinds:first,malicious prosecution;two is the abuse of right of action;three is the malicious fraud;four is malicious collusion.Secondly,through the analysis of the previous case,the paper focuses on the analysis of the system loopholes in the regulation of civil malicious litigation.Mainly manifested as the narrow range of regulation object;The pre-scrutiny prevention system is simple and easy;Appeal conditions is broad;Third person protection system is rough.Again,explore the regulation of the Malicious Civil Prosecution in foreign experience,combing the main experience is:Establishing the system of credit guarantee before litigation;Expressing the system of pre-scrutiny evidence publicity;Setting up the system of a malicious lawsuit Rejected or invalid;Establishing the system of property punishment system;Regularing the system of Third people right relief.Finally,put forward to improve the idea of the Malicious Civil Prosecution in China,learning from foreign management experience,combined with highlighting the practical problems of the practice of our country,and strive to be the reasoning and conclusions of this paper has feasibility in practice,put forward the following suggestions:Good faith principle is institutionalization;The pre-scrutiny prevention system is institutionalization;Stricting appellate review system;improving the procedure of the Third people right relief system.
Keywords/Search Tags:civil, Malicious litigation, System gaps, Regulatory path
PDF Full Text Request
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