我国民事恶意诉讼的类型分析及其法律规制
发布时间：2019-04-17 19:46
【摘要】：首先结合当前学术界的各种观点，对恶意诉讼的概念进行了界定，并将其与侵权行为的构成要件进行对比，对恶意诉讼行为定性，然后简要的分析了民事恶意诉讼在我国频发的主客观原因，从而对其在整体上有一个比较准确的把握，为后文的论述奠定基础；其次，从不同的角度对当前我国民事恶意诉讼的具体的现状进行介绍，包括，法律对恶意诉讼类型的规定以及对其规制的情况，目前司法中存在的民事恶意诉讼的类型以及当前是如何处理这类案件的，还有就是，目前学术界对民事恶意诉讼的研究方向和各种具体的分类情况，通过对以上几点的分析，指出存在的一些问题；再次，在结合上文分析的基础上，给出对民事恶意诉讼的分类观点，阐述划分的依据和意义，，并结合有关典型案例分别介绍恶意起诉、滥用诉讼权利、欺诈型恶意诉讼三类民事恶意诉讼的概念和特征，并总结它们之间的异同点，以及如何进行区分；最后，对我国民事恶意诉讼法律规制的完善提几点意见，首先是从三个方面介绍了法律规制应该遵循的一些原则，然后分别从程序法和实体法的角度提出一些具体的完善措施。
[Abstract]:First of all, the author defines the concept of malicious litigation, compares it with the constituent elements of tort, and characterizes the malicious litigation, according to the various viewpoints of the current academic circles. Then it briefly analyzes the subjective and objective reasons for the frequent occurrence of civil malicious litigation in our country, so as to have a more accurate grasp of it as a whole, and lay the foundation for the later discussion; Secondly, this paper introduces the current situation of malicious civil litigation in China from different angles, including the regulation of the types of malicious litigation in law and its regulation. At present, the types of civil malicious litigation existing in the judiciary and how to deal with such cases at present, and that is, the current academic research direction and various specific classification of civil malicious litigation, through the analysis of the above several points, Some problems are pointed out; Thirdly, on the basis of the above analysis, this paper gives the classification of civil malicious litigation, expounds the basis and significance of the division, and introduces malicious prosecution and abuse of litigation rights in combination with some typical cases. The concept and characteristics of three types of civil malicious litigation in fraudulent malicious litigation, and summarizes their similarities and differences, as well as how to distinguish between them; Finally, this paper puts forward some suggestions on the perfection of the legal regulation of civil malicious litigation in our country. Firstly, it introduces some principles that should be followed by the legal regulation from three aspects, and then puts forward some concrete measures from the point of view of procedural law and substantive law respectively.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.1
本文编号：2459746
[Abstract]:First of all, the author defines the concept of malicious litigation, compares it with the constituent elements of tort, and characterizes the malicious litigation, according to the various viewpoints of the current academic circles. Then it briefly analyzes the subjective and objective reasons for the frequent occurrence of civil malicious litigation in our country, so as to have a more accurate grasp of it as a whole, and lay the foundation for the later discussion; Secondly, this paper introduces the current situation of malicious civil litigation in China from different angles, including the regulation of the types of malicious litigation in law and its regulation. At present, the types of civil malicious litigation existing in the judiciary and how to deal with such cases at present, and that is, the current academic research direction and various specific classification of civil malicious litigation, through the analysis of the above several points, Some problems are pointed out; Thirdly, on the basis of the above analysis, this paper gives the classification of civil malicious litigation, expounds the basis and significance of the division, and introduces malicious prosecution and abuse of litigation rights in combination with some typical cases. The concept and characteristics of three types of civil malicious litigation in fraudulent malicious litigation, and summarizes their similarities and differences, as well as how to distinguish between them; Finally, this paper puts forward some suggestions on the perfection of the legal regulation of civil malicious litigation in our country. Firstly, it introduces some principles that should be followed by the legal regulation from three aspects, and then puts forward some concrete measures from the point of view of procedural law and substantive law respectively.
【学位授予单位】：南昌大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.1
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本文编号：2459746
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