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Analysis On The Civil Malicious Lawsuits And Procedure Regulation

Posted on:2018-07-01Degree:MasterType:Thesis
Country:ChinaCandidate:Y P ZhouFull Text:PDF
GTID:2346330542968663Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Through the way of law to solve dispute is not only a proof of social progress,but also a symbol of human civilization.But due to multiple values and different cultural backgrounds,citizens' attitudes and preferences about litigation can vary widely,many of whom have ulterior motives in order to achieve their illegal purpose and improper use of this authoritative dispute settlement.Thus,the rule of law in the process of construction and reverse use of the game after the results: civil malicious litigation,then the opportunity to produce and show a growing trend.Civil malicious lawsuit not only infringe upon the lawful rightsand interests of others,waste valuable judicial resources.At the same time,it also weakens the credibility and authority of the law.It also has brought great threat and danger to the harmonious development of the stability of social order and national.China's current law has made a series of provisions on this issue and the formation of the initial regulatory system,the judiciary in this regard also carried out the relevant exploration and try.But overall,we still away from the ideal goal is still far away,leds to the behaviorof the malicious civil prosecution more unscrupulous,innocent parties suffer,the judge handling the case also feel at a loss what to do.Therefore,how to effectivelyidentify and regulate the civil malicious litigation has become an urgent and important issue.In this paper,the basic theory of civil malicious litigation,regulatory instruments and other key elements of the system is studied in the perspective of procedural law.The article is divided into four parts:The first part is an overview of the civil malicious litigation.The author embarks from the definition from the contention of the malicious civil prosecution of academic,on the basis of this puts forward his opinions on this issue.By analyzing the elements of the civil malicious litigation and the comparison with other similar concepts,so as to pave the way for the discussion below.The second part is the present situation of the civil malicious lawsuit.Including legislation present situation,the judicial status quo,causes from three aspects.Firstly,the civil malicious litigation related laws to sort out and analyze;Secondly,in the form of specific cases in the judicial practice of common multiple cases of malicious prosecution to do a summary of the type;Finally,from several angles to explore the causes of civil malicious litigation.The third part is the civil malicious litigation regulation of the extra territorial investigation.“Stone of hismountain,you can attack jade”.This part mainly introduces the law and system of civil malpractice and its regulation in two legal systems countries,from which we can draw useful inspiration for our country.The fourth part is to improve the civil malpractice procedure law regulation.The author based on the newly revised civil procedure law and the new judicial interpretation,points out the deficiency of the present regulation means of the procedural law in china,andcombined with the mature experience of his country,put forward a series of suggestions and ideas,heavy attack on the civil malicious litigation,in order to help the formation of a good legal environment.
Keywords/Search Tags:Civil malicious lawsuit, Procedural law, Regulation
PDF Full Text Request
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