Civil Malicious Prosecution Of Procedural Law Regulation Problems Research

With social progress and development, enhance the legal consciousness of citizens, more and more people choose through litigation ways to safeguard their lawful rights and interests, and therefore as safeguard citizen last line of defense for civil rights in the civil lawsuit also more and more attention by people, the litigation rights and freedoms citizens under unprecedented security. However, all things are two sides, are also right guarantee to strengthen the regulation of illegal exercise right behavior, otherwise it will attend, emerge in endlessly civil malicious prosecution phenomenon is the best example.Based on civil malicious prosecution of procedural law aspects regulation for behavior through in-depth multiple-choice Angle, hope the careful research for the thorough settlement of this a judicial problem to contribute their as a "legal person" bit. The main content of the article by five parts:the first part is the preface, from on macroscopic introduced the research background, this paper pointed out to solve this problem for more system for further research in civil procedure law offset theory research of defects, promote the our country civil procedure law legislation and judicial practice, guiding the civil trial are very positive far-reaching significance; The second part of civil malicious prosecution respectively from conception, legal constitutions and common type three aspects of civil malicious prosecution detail behavior is defined, points out that civil malicious prosecution refers to the intent or major negligence to take civil litigation procedure, make the court ruling, which made the wrong for illegal benefits or intent others mentally and by property damage infringement, specific include illegal malicious prosecution, litigation fraud and abuse of litigation three typical behavior; The third part of civil malicious lawsuits from first legitimate exercise on procedural law regulation is the purpose of the civil lawsuit right realize request, is the honesty and credit principle in civil litigation, the requirements of the civil litigation order value is the requirement of its three demonstrates the theory of regulation, and then legitimacy from violations the lawful rights and interests of others, waste limited judicial resources, endanger judicative credit for its three demonstrates the necessity, the reality regulation The fourth part from the continental law system and main countries of Anglo-American law system carried on the thorough investigation related system, it is concluded that the main countries continental law system in civil procedural law regulating malicious prosecution with complementary, and give priority to, substantive law major countries of Anglo-American law system is regardless of primary and secondary, and continental law major countries will not a malicious prosecution for an independent tort types, and the major countries of Anglo-American law system but specifically be categorized as kind of independent infringements. The fifth part through the profit from the overseas advanced system and experience in civil procedure, from establish honesty and credit principle, perfect the pretrial procedure properly, strengthen the judge powers third party to the litigation system, perfect the reform litigation cost burden system, establishing the malicious prosecution tort compensation punishment and perfect the relevant supporting security system from six aspects to our country civil malicious prosecution of procedural law regulation puts forward problems author legislative suggestions.