Study On Victims Of Fraud Litigation

With the legal consciousness of social groups,litigation has become an important means for citizens safeguard the legitimate rights and resolute disputes .But the"victims of fraud litigation"which has been frequent appearance in recent years used by the both parties of litigation deeply affected the proceedings as a symbol of justice. It seriously infringed upon the legitimate rights and interests of others, wasted the judicial resources, against the credibility of the judiciary. Because the hysteresis characteristics of legislation, the current Civil Procedure Law of China's existing legal system still lacks of systematic, specific legal provisions to regulate this action, which was easily resulted in their own way around the court in cases. Now it is just the time to address the issues of victims of fraud litigation. Article will based on the conventional means of problem-solving, highlight the typical performance of victims of fraud litigation in judicial practices, dig the excavation of the internal and external factors deeply for the purpose of construct the identification mechanisms and coping mechanisms to norm the conduct of litigants and other participants in the proceedings litigation and maintain the authority of justice and fairness.The full text is divided into four parts, the article discuss the first part of large number of fraud victims litigation situation occurred, an analysis of concept of fraud victims, the characteristics of the proceedings and difference of related concepts.The second part of the article first analyzes the main types and behaviors of victims of fraud litigation in order to clarify the manifestations. Secondly, a comprehensive analysis will surround the internal and external factors which lead to victims of fraud litigation for the purpose of finding the way to norm the actions. Finally, figure out victims of fraud litigation is harmful to society to illustrate the need for regulation.The third part will be placed on the court proceeding, seek to possibly identify the victims of fraud litigation effectively, which includes principle, modes, special measures of identification.The fourth part will build a wide range of coping mechanisms, by setting the true obligation, right infringement compensation, criminal responsibility to regulate the conduct of civil litigation participants.