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

On the malicious litigation

Author XueFen
Tutor BianHui
School Northwestern University
Course Law
Keywords Malicious litigation Honesty Legal Regulation
CLC D925.1
Type Master's thesis
Year 2011
Downloads 73
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Litigation as the ultimate way people resolve disputes , resolve conflicts , has been awe by the people , however , the current judicial practice such a strange phenomenon , some people in order to achieve their illegal purpose , race to court as their performances the stage , to conceal the truth , fabricating facts , fabricating evidence, and to enable the court to make a wrong judgment , relative to the behavior of people caused by the consequences of property and non- property damage . Shares of contempt of court , evil blasphemy laws gas , because of the lack of a timely and effective way to curb the spread still showed a rising trend which will generate increasing harm to the community , people seek to effectively curb its way the voice rising . This article by malicious litigation basic concept of the status quo , the causes , and hazards and other aspects of the analysis around the connotation of malicious litigation , to study its causes , development trends as well as how to prevent and regulatory system , in order to provide some reference on the future of legislative making malicious litigation behavior no longer occurs . The first part of the body of the article is malicious litigation to define and clarify the distinction between malicious litigation and other similar concept , the constituent elements of malicious litigation , making an accurate grasp of malicious litigation ; second part of the analysis of malicious litigation reasons harmful consequences ; listed third part tells the story of some foreign countries on the behavior of malicious litigation coping style , and the impact on China and reference ; fourth part is the focus of the article , through a comprehensive analysis , scholars on the basis of their existing research , learn some good initiatives abroad , combined with China's national conditions , malicious litigation regulatory issues for analysis . Finally, a few of their own malicious litigation behavior specific containment measures , to the future legislation to make some contribution .

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