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On The Legal Regulation Of The Party's Dishonest Litigation Behavior In Civil Litigation

Posted on:2018-03-14Degree:MasterType:Thesis
Country:ChinaCandidate:D L ZhuFull Text:PDF
GTID:2436330548496760Subject:Law
Abstract/Summary:PDF Full Text Request
The Code of Civil Procedure established in 2012 established the principle of good faith.However,still a large number of cases of dishonesty litigation in civil Iitigation.Summed up bad faith litigation concentrated behavior of abuse of procedural rights,contradictory behavior,violation of the case to clarify th e obligations,breach of obligations of litigation promotion etc.Contrast of civil litigation in bad faith litigation phenomenon,analysis of t he causes for summary proceedings in the main body of non rational pursuit o f interests,the lack of judicial operation mechanism and alienation,legal regula tion and external credit system construction lag is not perfect.According to the court case specific practices,to the law as the basis,put forward suggestions from the micro perspective,specifically from the litigation fees,modify the rights and obligations to establish and perfect the procedure,mechanism,compensation of bad faith litigation perfect third people involved i n the system and the perfection of withdrawal objection system,perfect the wit hdraw of the third person and the trial supervision procedures put forward the suggestions and ideas,and for the false litigation,abuse of procedural rights in the abuse of jurisdiction and the right of appeal and malicious service hinder put forward more specific detailed suggestions,discussed from a legal point of view on how to regulate the behavior of bad faith litigation.
Keywords/Search Tags:Honest credit, Principle, Pishonest lawsuit, Legal regulation
PDF Full Text Request
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