Dissertation > Excellent graduate degree dissertation topics show

On the Abuse of Civil Litigious Right and the Legal Regulation

Author: ChenSi
Tutor: WangFuHua
School: Shanghai Jiaotong University
Course: Procedural Law
Keywords: abuse of litigious right malicious lawsuit litigation fraud legal regulations
CLC: D925.1
Type: Master's thesis
Year: 2010
Downloads: 144
Quote: 1
Read: Download Dissertation

Abstract


Litigation explosion refers to such a situation when the lawsuits’number greatly exceeds the capacity of the courts, resulting in unbearablecourt trials, and this environment provides many possibilities for theabuse of litigious right. Undoubtedly, recent years seen a trend of rapidgrowth in case numbers in China, for the distribution of trial resources arenot reasonable and balanced, some courts cannot assume the burden ofenormous cases, thus the harm of abuse of litigious right becomes moreprominent.For the lack of systematic regulations on abuse of litigious right,there often occurs such phenomenon as unclear defining in practice. Ifabuse of litigious right is defined too harsh, it will greatly harm people’slitigious right; on the other hand, if it is defined too broad, abuse cannotbe effectively regulated and results in the waste of insufflcient judicialresources.This paper aims to clarify the concept of abuse of litigious right andsome other relevant concepts, and to reach a unitized standard through thestudy on identification criterion and manifestation of abuse of litigious right. The aim is to find effective ways to regulate the abuse of litigiousright, and to help revising the civil procedural law and the judicialpractice as well.

Related Dissertations

  1. Explore the Problem of Malicious Litigation,D925.1
  2. Research on the Legal Regulations of the Japan Part-time Employment,D922.5
  3. A Study on Some Problems for the Fraud Crime,D924.3
  4. The Legal Regulations on "Biaohui",D912.29
  5. Research on Criminal Litigation fraud,D924.3
  6. The Research on Legal Regulation of China’s Railway Industry,D922.29
  7. Fraud Lawsuit Criminal Regulation,D924.3
  8. Comparative Research on the Legal System of Circular Economy in China and Foreign Countries,F205
  9. Equity funded research,D922.291.91
  10. Legal regulation of housing prices Countermeasures,F293.3
  11. Research on Tort of Malicious Lawsuit,D915.1
  12. A Study of Litigation Fraud,D924.3
  13. Case Analysis and Legal Thought of Litigation Fraud,D925
  14. Comparative Study of Legal Regulations of Research Misconduct,G322
  15. On the outer case of withdrawal of the complaint system Third Construction,D925.1
  16. Qualitative Analysis of Litigation Fraud,D924.3
  17. Legal Research on Regulation of Monopolistic Foreign Mergers and Aquisitions,D922.294
  18. On the the system of the Regulations of Criminal Law to of the the litigation to defraud behavior of,D924.3
  19. A Probe into the Nature of Litigation Fraud,D924.3
  20. Litigation Fraud Behavior Evaluation and Prevent Path Exploration and Prevent Path Exploration,D924.3
  21. Acts of usurpation Litigation Fraud Criminal Regulation,D924.3

CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
© 2012 www.DissertationTopic.Net  Mobile