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The Study On Legal System Of Tort Liability Of Malicious Litigation

Posted on:2016-11-10Degree:MasterType:Thesis
Country:ChinaCandidate:G D L GeFull Text:PDF
GTID:2336330536954847Subject:Science of Law
Abstract/Summary:PDF Full Text Request
Many malicious prosecution in the present society,and caused the extensive concern of academic field and practice field.As for the malicious lawsuit behavior itself,is not a new legal problems.In essence,it comes into being with the generation of lawsuit system,is an important social phenomenon.With the development of the society,the construction of the rule of law,civic consciousness gradually awakening,consciousness unceasingly strengthens people’s rights.At the same time,due to the lack of social credit,absence of legal system,some deliberately provoke,malicious make lawsuits phenomenon more and more.This article tries to analyze from the Angle of tort liability law,the concept of ma licious litigation,components,characteristics,and the responsibility to further improve the system of tort liability law.The paper adopts four chapters on the construction of malicious prosecution tort liability system of our country,this paper specific content is as follows:The first chapter is summary of malicious prosecution tort.This chapter expounds the malicious lawsuit behavior and the meaning of malicious prosecution tort,compared the similarities and differences of malicious prosecution tort and the related concept,summed up the malicious lawsuit behavior forms and causes,and possess the characteristics of malicious prosecution tort points out that the malicious lawsuit behavior serious harm.The second chapter is comparison of malicious prosecution tort liability system.This part is mainly on the Roman law,French law,German law and other civil law countries and regions,the common law countries such as Britain,legislative regulation of malicious prosecution tort liability,a comparative study of jurisprudence,referring the case summary of malicious litigation commonalities and differences in the legal system in many countries,explore the malicious prosecution tort liability system in China should draw lessons from.The third chapter is our country regulating malicious prosecution tort liability system of legislative,judicial status and the existing problems.At present our country in the field of legislation regulating malicious prosecution system of decentralized embodied in the constitution,the civil procedure law,criminal procedure law and international treaties.Due to the limitation of the legislative level regulating system of judicial field it is difficult to effectively safeguard the legitimate rights and interests of malicio us prosecution tort victims,at present in our country to establish and perfect the system of malicious prosecution tort liability is more obstacles.The fourth chapter is build on malicious prosecution tort liability system.Of malicious prosecution tort theory analysis and research,analyzes components of malicious prosecution tort liability and responsibility,for malicious prosecution tort liability in the tort liability law lay a solid theoretical basis.Combined with the two draft civil code provisions about the terms of malicious prosecution tort liability,building the malicious prosecution tort liability system in China.
Keywords/Search Tags:Malicious Litigation, Tort Liability, System Construction
PDF Full Text Request
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