Study On Several Legal Problems Of Fraudulent Raising Lawsuit

With the opening up economic and social development and the openness of people’s sexual idea,our dependency proceedings involving fraudulent showed an increasing trend,but the lack of relevant legal system makes the judges face the dilemma of "no law to follow".In this paper,from two cases,on the basis of comparative analysis of the dispute,by drawing on foreign advanced legislation,this paper puts forward relevant suggestions.This paper is divided into three parts:The first part is an overview of the case.The two case is a more concentrated reflection of the fraud in the custody of the relevant issues,rather typical and representative.The second part is the analysis of the legal issues of the focus of controversy.First of all,through a comprehensive evaluation of the merits of the various theories,in carries on the elaboration to the concept of the fraudulent raising and legal attributes,the fraudulent raising is defined as a composite of infringement;secondly,according to the scope of compensation fee in return,after comparison and analysis,pointed out by all the compensation fee fraud party expenses are at last,points out that compensation should be returned;finally,noted that the spirit of damages as the infringer liability approach should be in accordance with standard general tort compensation determination.The third part is the reflection of the case.Based on summarizing the legal provisions of the compensation system and paternity protection and the lack of the current divorce damage,learn from foreign advanced legislation,proposed consummates our country divorce damages compensation system,mental damage quantification and paternity system recommendations.