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On The Regulation Of Civil Malice

Posted on:2019-03-20Degree:MasterType:Thesis
Country:ChinaCandidate:N WangFull Text:PDF
GTID:2356330548461737Subject:Law
Abstract/Summary:PDF Full Text Request
Civil malice lawsuit is a long-standing problem.It is an illegal act that uses civil lawsuits to harm others’ interests.Due to the low cost,low risk,and high return rate of this behavior,some people are driven by interest in the conduct of civil malicious lawsuits to obtain illegal interests.In the case of unsound legal regulations,this phenomenon has repeatedly been banned.At the same time,civil malicious lawsuits are extremely harmful,which not only seriously damages the legitimate rights and interests of relatives,but also violates the legislative intent of civil lawsuits,weakens the seriousness of the judiciary,and wastes precious judicial resources.In view of this,the "Civil Procedure Law of the People’s Republic of China" amended in 2012 formally introduced the principle of "good faith" into the field of civil procedure law,providing a principled basis for the regulation of civil malicious lawsuits,and established the first order for "collusion-type" malicious lawsuits.Three persons withdraw their complaints for relief.At the current stage,the theory circle has not formed a unified view on the definition and recognition of civil malicious lawsuits.The existing regulatory methods are not enough to cope with the continuous problems in practice.The article takes two typical cases of civil malicious lawsuits as the starting point,analyzes the problems existing in practice,and proposes regulatory methods from two aspects of legislation and practice in order to achieve the purpose of effectively curbing civil malicious lawsuits.
Keywords/Search Tags:Civil malicious litigation, Legal regulation, Principle of good faith
PDF Full Text Request
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