Rule On The Malicious Prosecution

Malicious Prosecution comes from misuse of legal process of Anglo-American legal system, and it is primary mean that lawsuit which without legal groud and unjustifiable legal purpose. In America tort law , Malicious Prosecution is regarded as a independent tort type, it provides a necessary support for theory and model. The definition of America tort law gives us enough inspiration that:How to definite the Malicious Prosecution in our law? how to regulate Malicious Prosecution? And how to regulate Malicious Prosecution effectively? The Malicious Prosecution in the dissertation is a research in china territorial legal unit, so the dissertation aim to how to define the Malicious Prosecution in china and how to regulate ,in order to solve the existent dilemma of plentiful Malicious Prosecution and the hysteretic legislation. In the dissertation ,the focus is the design of tort obligation institution of Malicious Prosecution in china ,to provide an alternative solution on regulation of Malicious Prosecution.The dissertation begins with the analysis of Malicious Prosecution, and consults experience from Anglo-American law, especially American law and Germany law, and generally provide an alternative solution and legislation suggests on regulation of Malicious Prosecution. Be limited to the length of an article , Malicious Prosecution in the dissertation is about civil procedure area.The body of the dissertation includes three parts:Chapter one is the general theory of malicious prosecution .it mainly discusses the definition and origin of malicious prosecution., and makes an analysis of the reason of malicious prosecution and the fundamental values of law.Chapter two is how to regulate malicious prosecution. It starts with the comparison between malicious prosecution in different territorial legal unit.And discusses the legal liability of malicious prosecution,definition,classification ,inscapes,compensation of malicious prosecution in Amerian, Germany, Taiwan and so on. Then discuss the importance of enacting toet liability of malicious prosecution.Chapter three combines the former arguments and tries to design tort obligation institution of malicious prosecution in china. Firstly we will credit honesty of the basic concepts into civil litigation field. And speaking from the procedural law level, a complete malicious prosecution regulation mechanism includes prevention mechanism,resistance mechanism,punishment mechanism and relief mechanism. From the substantive law level of speaking, the malicious prosecution regulation mechanism also includes malicious prosecution tort liability and criminal responsibility.