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中国民事虚假诉讼的法律规制研究
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A Study on the Legal Protection of the “Right to be Forgotten” of Dishonest Persons Subject to Execution in China

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Type
Academic journal
Author
ZHANG LIJIE (中国青岛大学法学院) RUAN LI (中国青岛大学法学院)
Journal
Institute for the Study of Law Dong-A University Dong-A Journal of International Business Transactions Law Vol.38 KCI Accredited Journals
Published
2022.7
Pages
47 - 68 (22page)
DOI
10.31839/ibt.2022.07.38.47

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中国民事虚假诉讼的法律规制研究
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Abstract· Keywords

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Civil litigation is an important means for judicial organs to resolve disputes and safeguard the legitimate rights and interests of citizens, but in practice, it is not uncommon that civil false litigation have been created to achieve their own illegal ends. Although the legislature has introduced the relevant legal norms, and judicial practice on the regulation of false litigation has also achieved certain results, however, the inherent defects of the existing legal system and the negative attitude of the judiciary make civil false litigation continue despite repeated prohibitions. Therefore, it is crucial to improve the existing institutional norms, give full play to the role of judiciary organs, take full advantage of the big data in judiciary, with the ultimate goal to effectively curb civil false litigation, improve the efficiency of court decisions, and comprehensively safeguard the legitimate rights and interests of the parties.
#虚假诉讼 #法律规制 #调解 #第三人撤销之诉 #检察监督 #허위소송 #법적 규제 #조정 #제3자취소소송(第三人撤销之诉) #검사감독 #false litigation #regulation #recession litigation proposed by third parties #procuratorial supervision

Contents

Ⅰ. 绪论
Ⅱ. 民事虚假诉讼概念的界定
Ⅲ. 民事虚假诉讼泛滥的原因
Ⅳ. 民事虚假诉讼法律规制的困境
Ⅴ. 民事虚假诉讼的规制建议
Ⅵ. 结论
参考文献
摘要
국문요약
Abstract

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