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On the Legal Regulation fraud lawsuit

Author: JinLei
Tutor: ZhangWuSheng
School: Fudan University
Course: Legal
Keywords: Litigation Fraud Civil Fraud Crime of Fraud Legal Regulation
CLC: D924.3
Type: Master's thesis
Year: 2010
Downloads: 147
Quote: 0
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Abstract

With the development of market economy, civil litigation increased arising out of an increasing number of civil disputes. However, with simultaneously widespread concern in the civil litigation by all countries, but also used by some people with ulterior motives. Litigation fraud as an emerging social phenomenon is getting worse, which seriously prejudice to the judiciary authority and dignity of the law. Due to the lack of specific legal provisions on this phenomenon, practice in the handling of similar cases is inconsistent. Therefore, how to improve legislation, establish a reasonable system of legal regulation to restrain litigation fraud is an important and urgent task that theorists and practitioners in China face. In this paper, the author attempts to analyze and study this issue in the following sections. In the Preface, the author refers to a real case in practice, intuitively introduced the phenomenon of litigation fraud, and summed up by analyzing the social harm of litigation fraud.ChapterⅠprovides an overview of litigation fraud. First of all, analyzes the semantics of the concept of litigation fraud, followed by the comparison of litigation fraud and related concepts, and finally analyzes the characteristics and basic constituent elements of litigation fraud. These establish the foundation of how to perfect the legal regulation in the following section.ChapterⅡanalyzes the main expression forms of litigation fraud and the causes thereof. Through the analysis of the expression forms and the causes of litigation fraud, the author further recognizes the emergence of litigation fraud is part of litigation itself (and this part can not be eliminated), and also part of the legal regulation, which can be eliminated by the improvement of legislation. Therefore, the improvement of legal regulation is an important way to resolve litigation fraud, which establishes the foundation of how to perfect the legal regulation in the following section.ChapterⅢintroduces the extraterritorial legal regulation against the improper usage of the legal proceedings. Based on the different forms of obligations, the author describes the regulations that common law and civil law systems widely used. By introduction and analysis, the author concludes that:the establishment of our country’s multiple levels legal regulation against litigation fraud, which also conforms to the multi-cultural judicial backgrounds of our country, is necessary and urgent. Then, the author discusses how to build our country’s legal regulation of anti-litigation fraud system. And the author provides suggestions on the perfection of our country’s legal regulation of anti-litigation fraud.Finally, the author concludes that:our country shall establish multiple levels on the legal systems of anti-litigation fraud, while respecting the right to dispose of the parties, to regulation the phenomenon of litigation fraud as much as possible.

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