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On the malicious litigation

Author: XueFen
Tutor: BianHui
School: Northwestern University
Course: Law
Keywords: Malicious litigation Honesty Legal Regulation
CLC: D925.1
Type: Master's thesis
Year: 2011
Downloads: 73
Quote: 0
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Abstract


Litigation as the ultimate way people resolve disputes , resolve conflicts , has been awe by the people , however , the current judicial practice such a strange phenomenon , some people in order to achieve their illegal purpose , race to court as their performances the stage , to conceal the truth , fabricating facts , fabricating evidence, and to enable the court to make a wrong judgment , relative to the behavior of people caused by the consequences of property and non- property damage . Shares of contempt of court , evil blasphemy laws gas , because of the lack of a timely and effective way to curb the spread still showed a rising trend which will generate increasing harm to the community , people seek to effectively curb its way the voice rising . This article by malicious litigation basic concept of the status quo , the causes , and hazards and other aspects of the analysis around the connotation of malicious litigation , to study its causes , development trends as well as how to prevent and regulatory system , in order to provide some reference on the future of legislative making malicious litigation behavior no longer occurs . The first part of the body of the article is malicious litigation to define and clarify the distinction between malicious litigation and other similar concept , the constituent elements of malicious litigation , making an accurate grasp of malicious litigation ; second part of the analysis of malicious litigation reasons harmful consequences ; listed third part tells the story of some foreign countries on the behavior of malicious litigation coping style , and the impact on China and reference ; fourth part is the focus of the article , through a comprehensive analysis , scholars on the basis of their existing research , learn some good initiatives abroad , combined with China's national conditions , malicious litigation regulatory issues for analysis . Finally, a few of their own malicious litigation behavior specific containment measures , to the future legislation to make some contribution .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Civil Procedure Law
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