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Study On Regulation Of Abuse Right Of Civil Action

Posted on:2018-03-13Degree:MasterType:Thesis
Country:ChinaCandidate:H L LiuFull Text:PDF
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The abuse of civil litigation rights has existed in our country, but the initial problem is not prominent. With the continuous development of the rule of law in our country,we will continue to strengthen the protection of citizensí litigation rights, and with the case of our court acceptance cases changed from filing system to filing registration system,in these contexts, The abuse of civil litigation is a violation of the basic purpose of the civil procedure law in China, which is a behavior that transgresses the power of the law.This kind of behavior has serious harm to the state and the citizen. On the one hand, the abuse of the right of action undermines our judicial system, resulting in the waste of judicial resources, damage the credibility of the national judiciary, is the judicial justice,judicial authority of the trampling. On the other hand, the perpetrator of others involved in the case of no reason, so that others bear the pressure of the litigation, to others caused economic and spiritual double loss. However, at present, there are still many shortcomings in the legal provisions of the system of civil litigation in China, which can not effectively regulate the occurrence of this phenomenon. Therefore, this article to the abuse of civil litigation regulatory research as the title,intended to make up for Chinaís current legal deficiencies in this regard,improve the abuse of regulatory rights of the legal provisions.To achieve the purpose of effectively regulating the abuse of civil litigation rights, we must clarify the concept of abuse of civil litigation and its constituent elements, accurate identification of what kind of behavior is a matter of abuse. Therefore, this article as a starting point, and learn from the domestic scholars research theory, clear the concept of civil litigation abuse and its constituent elements. And on this basis, the characteristics of the abuse of civil litigation rights are analyzed, and the abuse of civil right of action is divided into four categories. The classification of civil action rights abuse, can be more effective and more targeted to identify the abuse of litigation. "Asked the river that was clear, for the source of living water to", to solve the problem, we must study the root causes of the problem. So this article from the reasons to analyze the causes of abuse of litigation, and find a solution to the problem.The problem of abuse of litigation is one of the urgent problems to be solved in our country at present, and it has a profound theoretical basis for regulating the abuse of civil litigation rights. This article from these two aspects, analysis of why to regulate the abuse of litigation and its theoretical basis.This article is intended to explore the legal system of perfecting the abuse of civil litigation rights in China, but this construction is not blind and unfounded. It is based on our countryís legislative practice and is based on the experience of foreign legislation.This article mainly from the following aspects: perfecting the protection of the victimís abuse of the victimí s rights, perfecting the fine system of regulating the abuse of civil litigation rights and perfecting the litigation cost system of our country, so as to construct the legal system of the abuse of civil action.
Keywords/Search Tags:Abuse right of action, Malicious prosecution, Withdraw a claim of objection
PDF Full Text Request
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