Malicious Civil Lawsuit Study

Along with the development of our country's legal process, litigious right as the ultimate and the most effective means to safeguard citizens'rights has been gradually accepted and recognized. However litigation is a "double-edged sword". In special cases, it will lead the function of lawsuit to dissimilate and propagate the malicious prosecution. This paper mainly focuses on the malicious civil action in our society.As a new type of tort, malicious civil action shows the transformation of Chinese social legal consciousness, which is the morbidity phenomenon in the area of civil litigation. It violates citizens'legitimate rights and interests, wastes national judicial resources and disorganizes normal social order. Thus it is quite necessary to regulate the malicious prosecution behavior.The body of this dissertation includes five parts. Chapter one is an introduction of malicious civil action, such as its conception, characteristic and constitutive requirements. Chapter two is the research on comparative law. Chapter three analyses the existing circumstances in China from both the legal rules and judicial practice. Chapter four explains the damage of malicious tort action and its causes. Chapter five is the suggestion on regulating the malicious civil action, including the completion of existing judicial procedure and the construction of advanced system.