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Study On The Legal Regulation Of False Civil Litigation

Posted on:2019-05-02Degree:MasterType:Thesis
Country:ChinaCandidate:Z XuFull Text:PDF
GTID:2416330566458868Subject:Law
Abstract/Summary:PDF Full Text Request
A civil false litigation refers to the actions of the two parties in the civil trial,collusion with each other,bullying the court,and defrauding the court of judgment documents in order to infringe on the legal property of others.In recent years,there have been civil litigation cases in China that have not only caused huge losses of property to victims but have also been wasted on the trial resources of our courts.Because of its low cost of illegality and quick benefits,civil fraud lawsuits mostly exist in the areas of corporate bankruptcy liquidation,marital property division,and corporate trademark recognition.The most common is the use of false prosecution of debtors to transfer assets.In the judicial practice,attention should be paid to the distinction between civil false lawsuits and litigation frauds,malicious lawsuits and abuse of litigation rights.The four lawsuit actions are collectively referred to as general civil false lawsuits,and the other three lawsuits are not discussed in depth here.In the first part of this article,the introduction introduces the background of civil litigation in this article.This paper introduces the research significance of civil false lawsuits,civil false lawsuits have existed since ancient times,and discusses the identification and prevention of civil false lawsuits,which helps to solve and find problems in civil false lawsuits.The second part analyzes the "First Case of Civil False Litigation",sums up the focus of the dispute in this case,and carries out an in-depth analysis of the theoretical problems and practical problems existing in the returning case through the second,third and fourth parts.The third part discusses the concept of civil false litigation.Civil litigation is different from litigation fraud,abuse of litigation rights and malicious lawsuits.And discuss the common forms of civil litigation and the harmful consequences.The fourth part analyzes the legal causes of civil false lawsuits.There are mainly problems in the civil false litigation,such as the difficulty of starting relief,the inability of the parties to give evidence,the system of self-admission,and the limitation of court investigation evidence and sanctions.The fifth part proposes to improve the legal regulation of civil false lawsuits.Appropriately increase the ways of relief of civil false litigation,strengthen the review of civil litigation evidence,and increase the illegal costs of civil fraud lawsuits.
Keywords/Search Tags:civil false litigation, legal regulation, relief approach
PDF Full Text Request
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