analysis of the civil procedure law amendment regulation malicious litigation（分析民事诉讼法修正案规定恶意诉讼）.docVIP

Analysis of the Civil Procedure Law amendment regulation malicious litigation Malicious litigation is of the abstract behavior of malicious collusion by the parties to the court proceedings, and thus infringe upon the legitimate interests with respect to the original provisions of the Civil Procedure Law, Civil Procedure Law amendment set of specialized terms that 112 provisions malicious litigation responsibility under the Civil Procedure Law gt;gt; the provisions of Article 112, the subject of malicious litigation for two or more subjective common damage is intentional the common injurious acts objectively, and resulted in the generation of the consequences of the damage. amendment of the Civil Procedure Law of malicious litigation Regulation is still flawed, and this defect is mainly manifested in the amendment of the Civil Procedure Law only stipulates the responsibility of malicious litigation, without setting of malicious litigation prior regulatory mechanisms. therefore, China should perfect Pretrial Evidence Exchange System litem commitment system to achieve the full range of regulatory malicious litigation. The paper Keywords Civil Procedure Law amendments malicious litigation regulation In modern society, the litigation as a dispute settlement means, on the maintenance of the social order and the protection of civil rights and its important role, fairness and justice law containing the value is an important mechanism to achieve in the real world, however , in specific cases, some do not have a motive artificial realize its illegal purposes malicious collusion litigation mechanism against the interests of others, the existence of this case, not only against the interests of the litigants, but also disrupt the proceedings order, damage to the course of justice and judicial authority. the effective regulatory malicious litigation, Civil Procedure Law amendment increases the liability of the malicious litigation, this provision is a highlight of the a