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Civil And Commercial False Litigation Regulations

Posted on:2019-02-05Degree:MasterType:Thesis
Country:ChinaCandidate:S S SunFull Text:PDF
GTID:2416330572496351Subject:legal
Abstract/Summary:PDF Full Text Request
In 1987,the Third Plenary Session of the Eleventh CPC Central Committee decided to implement reform and opening up.For more than 30 years,China's economic construction has achieved unprecedented results.While reform and opening up have brought about economic prosperity,they have not brought about the simultaneous improvement of the masses' moral qualities,and they have been accompanied by a series of problems such as lack of integrity.This problem is reflected in the judicial field,manifested as abuse of litigation rights,malicious lawsuits,false lawsuits,litigation fraud and other issues.The main issue to be discussed in this paper is the issue of false litigation.In recent years,the number of false litigation cases has continued to increase,especially in economically developed provinces and cities along the coast.With the advancement of awareness of rights protection and litigation skills,the appearance of false lawsuits involves the diversification of types of disputes,the growth of numbers,and the diversification of forms.The constant emergence of this problem has caused the judicial authority established by the efforts to be questioned,the judicial order has been severely trampled on,and the lawful rights and interests of outsiders have been damaged.The author hopes to conduct legal analysis on false litigation issues through this article in order to seek solutions for preventing false litigation cases.This article is mainly divided into four parts:The first part analyzes the concept and approximate concept of false litigation.This part mainly analyzes the connotation and extension of civil and commercial fraudulent lawsuits,and defines the false lawsuit.Through the analysis and analysis of the approximate concepts,the people's recognition of false lawsuits was deepened,and a macro impression was created for the people.The second part describes the status quo,harms and causes of false lawsuits in the civil and commercial fields.This part is one of the reasons why the author wrote this article.The legal litigation right was illegally used.The judicial order,judicial authority,and the legal rights and interests of the offenders were harmed.It would be unthinkable if the consequences were not severely punished.The third part describes the current situation of legal regulation and theoretical research on civil and commercial fraudulent litigation irn China.The socialist legal system with Ch.inese characteristics has been established.It contains legal provisions on false lawsuits.The academic circles also study the false lawsuits.Sometimes,the author tries to find the contact points between theories and legal provisions through analysis and analysis,trying to analyze different laws against falsehood.The advantages and disadvantages of the litigation regulations lay a solid foundation for the author to seek rationalized preventive measures.The fourth part proposes the author's thinking on the regulation of sham litigation.In this part,the author proposes a solution to the problem,that is,court trial is the core to assist in pre-event prevention and post-disciplinary punishment.The purpose of this paper is to explore pre-prevention,severe punishment afterwards,and the key regulatory ideas for the trial through the analysis of the concept of false litigation,the hazards,the current status of the judiciary,and the current deficiencies in the prevention and punishment measures.With a view to curb the current increasingly serious false litigation issues play a constraint.
Keywords/Search Tags:False litigation, Judicial status, Rules and regulation
PDF Full Text Request
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