Research On The Legal Regulation Of Malicious Prosecution Tort

In recent years, malicious prosecution problem has been gradually appear in public view, and Caused widespread concern in the community. Because malicious prosecution has its own particularity, and different from elements of the general tort, it's necessary to research on the legal regulation of malicious prosecution tort. In the moment that malicious litigation even more prominent, which can not fundamentally solve the problem if only use the general terms of tort law, so we must find a more effective way which can ease the contradiction effectively and curb the development of malicious prosecution. In this article, the writer used the methods such as comparing, lifting examples and so on, conducted a comprehensive analysis of malicious prosecution, trying to find a more reasonable way of relief.The first part is the general overview of malicious prosecution. First of all define the meaning of malicious litigation, and then through the comparative study of malicious actions regulation in the civil law and common law, combine the causes of malicious litigation and damage, obtain the results, that under the current situation in China, there is a great significance to regulate the malicious prosecution.The second part is the types of the malicious prosecution. There are content type, body type and the common judicial practice of the specific form of expression. For each type,â… have an example, it's more image and intuitive.The third part is the focus of this article, the identify and allocate the burden of proof of malicious prosecution. The author use great length to demonstrate the differences between malicious and deliberate, and how to proof the four constituent elements.The last part is the scope of liability and compensation methods and standards of malicious prosecution, by comparing to the other tort liability, summarized the special scope of malicious prosecution's compensation. This discussion of this part will provide effective relief channels for the victim of malicious prosecution.