Dissertation
Dissertation > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law

The Legal Rules and Regulations to the Abuse of Civil Litigation

Author WeiXing
Tutor FuDongMei;LiQuanSuo
School Inner Mongolia University
Course Legal
Keywords The Civil Litigation The Abuse of Civil Litigation Malicious Prosecution The Legal Rules and Regulations to The Abuse of Civil Litigation
CLC D925.1
Type Master's thesis
Year 2010
Downloads 71
Quotes 0
Download Dissertation

Rights is confirmed and protected by the law. In the modern legal system, the traditional viewpoint of rights is absolute freedom is gradually discarded. Rights can not be abused. In recent years, with the construction process of Legal society, the legal consciousness is improved. The litigation cost rules was issued by the State Council on April 1st,2007. The civil litigation conditions are not strictly. Some experts suggest establishing a filing and registration system replace the filed censorship, the risk of filing a civil lawsuit is reduced. "The civil litigation abuse" is increased obviously. Because civil litigation legislation lack of the corresponding standards and legal regulation, "The civil litigation abuse" has already become the obstacle justice.So, according to the theory of litigation, we want to analyze the connotation characteristics and types of "The civil litigation abuse". And we try to establish the unified recognition criteria of "The civil litigation abuse". According to the result of comparing the relationship between the civil litigation abuse and the protection of litigation rights, we should learn the good experience of other countries about "The civil litigation abuse", so as to construct regulation system on the civil litigation abuse. There is five parts.The first one is the connotation of the civil litigation abuse. According to the theory of litigation, we should know the connotation characteristics and types of "The civil litigation abuse". We try to study the relevant theories abroad and compare the relationship between the common rights abuse and the civil litigation abuse, and clear the concept of the civil litigation abuse.The second one is the harm and type of the civil litigation abuse. We should introduce the harm of the civil litigation abuse, and tell the reader how to identify the type of the civil litigation abuse in judicial practice.The third one is the theory basis of the legal rules and regulations to the abuse of civil litigation. According to the principle of Honesty and credit, the principle of prohibit rights abuse and the relationships between the legal rules and regulations to the abuse of civil litigation and protection of the rights, we should provide the support of theory on the legal rules and regulations to the abuse of civil litigation. The fourth one is the good experience of the legal rules and regulations to the abuse of civil litigation in the judicial practice of other countries. This part is also can be to provide valuable reference to the practice for the next part.The last one is about the construction of the legal rules and regulations to the abuse of civil litigation in China. This part provide some advise about the construction of the legal rules and regulations to the abuse of civil litigation in china from the aspects of the proposed control law and regulation of civil litigation.

Related Dissertations
More Dissertations