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The Regulation Of False Lawsuit Under The Registration System

Posted on:2018-05-12Degree:MasterType:Thesis
Country:ChinaCandidate:J ChuFull Text:PDF
GTID:2416330542966151Subject:Civil justice practice
Abstract/Summary:PDF Full Text Request
False litigation in these years the frequency of civil litigation in our country is getting higher and higher,but the theoretical circles for the degree of awareness of false litigation is not deep,its concept and awareness so far is inconclusive.This leads to the fact that in judicial practice,judges do not have uniform standards when dealing with false litigation cases.And the current relevant laws on how to punish false actions taken by the measures are far from being able to curb the occurrence of false litigation.The filing registration system is a new system introduced in 2015.It puts forward a new requirement to the people ’s court for filing work,that is,the court should do the " In the judicial practice,the implementation of the filing registration system has played a role in maintaining the litigation rights of the parties,"prosecution difficult" phenomenon is no longer frequent,on the other hand also caused a false litigation take advantage of.How to regulate and seriously deal with the wrongful acts of false litigation in the context of the filing registration system is increasingly becoming a very urgent task.Based on this,this paper attempts to analyze the false litigation in the background of the filing registration system and put forward some suggestions to curb it effectively.This article consists of the following parts:The first part defines the concept of civil false action,and analyzes the meaning of false litigation that has never been clear.Before introducing the concrete connotation of the false litigation,firstly,it reviews the history of the development of civil fictitious litigation in our country,that is,from the beginning to the substantive discussion of the judicial organs,and later into the scope of civil litigation law research,is increasingly concerned about the civil litigation hot issues.Then the main features of the false litigation and its negative effects are analyzed,and the correct introduction to the false litigation is formed by the relevant introduction of the above contents.The second part analyzes the current situation of civil false litigation in our country.The first is the performance of false litigation in judicial practice.Through the change of the number of cases involving the false litigation in the civil area before and after the implementation of the filing registration system is intuitively presented,and the conclusion of the false litigation is increased under the filing registration system.Then it elaborates the situation of legal regulation and combs the legal provisions of the relevant laws and regulations in order to objectively understand the current situation of civil fictitious litigation in our country and summarizes its existing problems.The third part discusses the factors that affect the false litigation under the filing registration system.Based on the situation of the filing registration system in practice,the author analyzes the causes of the false litigation from the different subject angles involved in the false litigation.Which involves the parties to the false litigation,the judiciary,the rights and interests of the victims,that is,from the false prosecution of the manufacturer,punishment,victims of the three different levels of its causes to elaborate.The fourth part focuses on the measures to regulate the false litigation under the filing registration system,and corresponds to the cause of the third part,and puts forward the feasible way for the different subjects to regulate the false litigation.Including the following aspects:to strengthen the false litigation behavior and sanctions,improve the constraints of the judiciary,to strengthen the rights and interests of the victims of relief.
Keywords/Search Tags:filing registration system, false litigation, influence, cause, regulation
PDF Full Text Request
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