民事虚假诉讼法律责任的研究
发布时间：2018-08-19 10:21
【摘要】：民事诉讼已经成为公民维护合法权益和解决争议的重要手段之一。民事案件的数量亦与日俱增。但近年来频繁出现的双方当事人以诉讼这一合法形式谋取不正当利益的民事虚假诉讼却使“诉讼”这一“正义化”象征蒙上了一层阴影。它在严重侵害利害关系人合法权益的同时亦造成了司法资源的浪费、挑战了司法公信力。由于立法固有的滞后性特点,我国现行民事诉讼立法中尚缺乏系统性、针对性的法律条文对此进行规制,极易导致各地法院在个案中对于民事虚假诉讼的处理方式各行其是。本文恰以此为契机,针对民事虚假诉讼问题展开研究。文章将在遵循解决问题常规脉络的基础上,突出民事虚假诉讼在司法实践中的典型表现,深度挖掘引发民事虚假诉讼的内外因素,以期通过识别机制和应对机制的构建,规范诉讼当事人及其他诉讼参与人的诉讼行为,维护司法的权威性、公正性。本文共分民事虚假诉讼类型化分析及表现形式、民事虚假诉讼的界定、我国民事虚假诉讼法律缺陷、各国关于民事虚假诉讼法律比较研究、民事虚假诉讼立法建议四个部分进行论述。论文第一部分民事虚假诉讼的界定。首先,围绕作为本文选题的民事虚假诉讼进行语义学分析,揭示出民事虚假诉讼的本质;在此基础上,通过对民事虚假诉讼内涵及特点的阐释,意图深化对民事虚假诉讼本质的认识;其次,通过相关概念间的对比分析,试图厘清彼此间的界限,再度明确本文的研究对象。论文第二部分民事虚假诉讼类型化分析及表现形式。首先将列举民事虚假诉讼典型案例,以阐明民事虚假诉讼的表现形态;其次将综合分析导致民事虚假诉讼生成的内外因素,以寻求解决民事虚假诉讼问题的有利突破口。第三部分从民事、刑事及司法领域方面明确指出我国法律对民事虚假诉讼规制的缺陷,以说明规制的必要性。论文第四部分 民事虚假诉讼立法建议,旨在构建多元化的民事虚假诉讼的应对机制。
[Abstract]:Civil litigation has become one of the important means for citizens to safeguard their legitimate rights and interests and to resolve disputes. The number of civil cases is also increasing. However, in recent years, the litigants have frequently appeared in the civil false litigation of seeking improper interests in the legal form of litigation, which has cast a shadow over the symbol of "litigation" as a "just". It not only seriously infringes the legitimate rights and interests of interested parties, but also causes the waste of judicial resources and challenges the judicial credibility. Due to the inherent lag characteristics of legislation, there is still a lack of systematization in the current civil litigation legislation in our country, which is easily regulated by the relevant legal provisions, which can easily lead to different ways of handling civil false litigation in various courts in individual cases. This paper takes this as an opportunity to study the problem of civil false litigation. On the basis of following the conventional context of solving problems, the article will highlight the typical performance of civil false litigation in judicial practice, and dig deeply into the internal and external factors that lead to civil false litigation, in order to construct the identification mechanism and the coping mechanism. Standardize litigants and other litigants and maintain judicial authority and impartiality. This article divides into the civil false litigation type analysis and the manifestation form, the civil false lawsuit definition, our country civil false lawsuit law flaw, the various countries about the civil false lawsuit law comparison research, Four parts of the legislative proposal of civil false litigation are discussed. The first part is the definition of civil false litigation. First of all, the semantic analysis of the civil false litigation, which is the subject of this paper, reveals the essence of the civil false litigation, and on this basis, through the interpretation of the connotation and characteristics of the civil false litigation, The author intends to deepen the understanding of the nature of civil false litigation. Secondly, through the comparative analysis of relevant concepts, it tries to clarify the boundaries between each other and clarify the research object of this paper again. The second part of the thesis analyzes the types and forms of civil false litigation. Firstly, it will enumerate the typical cases of civil false litigation to clarify the manifestation of civil false litigation; secondly, it will comprehensively analyze the internal and external factors leading to the formation of civil false litigation, in order to seek a favorable breakthrough to solve the problem of civil false litigation. In the third part, the author points out the defects of our country's law in the field of civil, criminal and judicial in order to explain the necessity of the regulation. The fourth part of the thesis is about the legislative suggestions of civil false litigation, aiming to build a diversified response mechanism of civil false litigation.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.1
本文编号：2191373
[Abstract]:Civil litigation has become one of the important means for citizens to safeguard their legitimate rights and interests and to resolve disputes. The number of civil cases is also increasing. However, in recent years, the litigants have frequently appeared in the civil false litigation of seeking improper interests in the legal form of litigation, which has cast a shadow over the symbol of "litigation" as a "just". It not only seriously infringes the legitimate rights and interests of interested parties, but also causes the waste of judicial resources and challenges the judicial credibility. Due to the inherent lag characteristics of legislation, there is still a lack of systematization in the current civil litigation legislation in our country, which is easily regulated by the relevant legal provisions, which can easily lead to different ways of handling civil false litigation in various courts in individual cases. This paper takes this as an opportunity to study the problem of civil false litigation. On the basis of following the conventional context of solving problems, the article will highlight the typical performance of civil false litigation in judicial practice, and dig deeply into the internal and external factors that lead to civil false litigation, in order to construct the identification mechanism and the coping mechanism. Standardize litigants and other litigants and maintain judicial authority and impartiality. This article divides into the civil false litigation type analysis and the manifestation form, the civil false lawsuit definition, our country civil false lawsuit law flaw, the various countries about the civil false lawsuit law comparison research, Four parts of the legislative proposal of civil false litigation are discussed. The first part is the definition of civil false litigation. First of all, the semantic analysis of the civil false litigation, which is the subject of this paper, reveals the essence of the civil false litigation, and on this basis, through the interpretation of the connotation and characteristics of the civil false litigation, The author intends to deepen the understanding of the nature of civil false litigation. Secondly, through the comparative analysis of relevant concepts, it tries to clarify the boundaries between each other and clarify the research object of this paper again. The second part of the thesis analyzes the types and forms of civil false litigation. Firstly, it will enumerate the typical cases of civil false litigation to clarify the manifestation of civil false litigation; secondly, it will comprehensively analyze the internal and external factors leading to the formation of civil false litigation, in order to seek a favorable breakthrough to solve the problem of civil false litigation. In the third part, the author points out the defects of our country's law in the field of civil, criminal and judicial in order to explain the necessity of the regulation. The fourth part of the thesis is about the legislative suggestions of civil false litigation, aiming to build a diversified response mechanism of civil false litigation.
【学位授予单位】：安徽大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.1
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