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Study On False Lawsuit Legal Regulations Of Our Country

Posted on:2018-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:R HuFull Text:PDF
GTID:2346330512959992Subject:Law
Abstract/Summary:PDF Full Text Request
False lawsuit action today has become a problem can not be ignored,it is at the expense of the legitimate rights and interests of other parties,and it takes up a lot of judicial resources , affecting the fair trial of other cases,challenging the judiciary seriousness and impartiality. China’s current action for false lawsuit regulation is not perfect, and only sporadic presence statute, it has not been formed a system. This paper attempts to cut from the false lawsuit and its typification, mainly from the angle recognition of false lawsuit to analysis the preventive dilemma of false lawsuit,and make the corresponding regulation to explore.The first part is the summary of the false lawsuit, based on the analysis of the status of the false lawsuit of private lending, defined the concept of false lawsuit by comparing the scholars’ opinions and the actual cases in the trial practice; and sorting the characteristic of the false lawsuit,elaborating the harm of false lawsuit.The second part elaborates the recognition of the false lawsuit from its constitutive requirements, pattern of manifestations and type.The third part puts forward the verification method of the false lawsuit, and combined with various types of false lawsuit cases.The fourth part showing the solutions of the false lawsuit in the current judicial practice. On the one hand is the existing relevant legal provision; On the other hand,different localities have formulated relevant regulations and systems according to the reality.The fifth part discusses the specific measures of the civil false lawsuit, make suggestions of governing the false lawsuit from improving the mechanisms accountability of subject liability, the collaboration of judicial organs and the construction of integrity.
Keywords/Search Tags:false lawsuit, regulation Distinguish, precaution
PDF Full Text Request
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