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Legal Regulation Of False Litigation

Posted on:2018-07-12Degree:MasterType:Thesis
Country:ChinaCandidate:Z G LiuFull Text:PDF
GTID:2416330569475680Subject:Law
Abstract/Summary:PDF Full Text Request
False litigation is the litigation party in advance of malicious collusion,litigation between the parties to create false legal relations,facts and evidence of material and other non-real civil appeal,hope to get the court's referee,infringement of the rights of outsiders,so that their own benefit The On the concept of false litigation,and the practice of easy to confuse the litigation to conceal the truth and fraud,abuse of the law to give the litigation rights,deliberately litigation to the other party into a reckless behavior both a certain cross is also different.False litigation involving more types of property related to the property,the litigation between the parties is not strong,the trial involved in a lot of facts,closed quickly,and because some legal professionals involved,procedures and facts are basically flawless.The research of this paper is based on the existing research,the main body is divided into the following three parts.The first part elaborates the concept of false litigation.This paper mainly introduces the definition,characteristics and constituent elements of false litigation,and defines and distinguishes it from related concepts such as malicious litigation,litigation fraud and abuse of litigation.From the perspective of jurisprudence,the legal basis of falsifying litigation is demonstrated.The second part summarizes the development of legal action in China and the existence of the main problems,but also one of the key chapters of this article.This paper analyzes the causes of the proliferation of false litigation and the difficulty of regulation in the current judiciary from the three perspectives of pre-litigation,v.And v.The third part analyzes and consummates the principle of legal regulation of false litigation and the effective suggestion of preventing and controlling the false litigation.Mainly from the responsibility to strengthen,filing,evidence rules and other aspects of improvement.Finally,we should refer to the existing "dishonestly executed list system",the parties to the false litigation outside the law of credit discipline.
Keywords/Search Tags:False litigation, Legal basis, Rules and regulations, Suggest
PDF Full Text Request
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