Rule Malicious Prosecution With Law

In the introduction of the article, the author indicates that malicious prosecution appears together with civil litigation. With its value and function apparently revealed in our social life, civil litigation is regarded as the most important means of protecting people's lawful rights and interests and solving disputes. For various reasons, more and more malicious prosecution cases have appeared and caused many problems, which is a serious infringement of the lawful rights and interests of the specific legal body, a waste of judicial resources, a disturbance of the civil procedure, an impact on the value of litigation, and a breach of the judicial justice. People have begun to pay attention to malicious prosecution but still lack a clear idea of it. This article analyses the questions related to malicious prosecution in order to formulate a plan to effectively regulate malicious prosecution.The main body of the article is divided into four parts. In the first part, the author elaborates the meaning of malicious prosecution and the difference between it and related concepts such as the abuse of procedural rights and litigation fraud. Besides, through the legal analysis of the act of malicious prosecution, the author indicates that malicious prosecution has two characters. First, it is an incorrect litigation act because it has gone against the purpose of litigation or gone beyond the limit of the proper exercise of the litigious right. Second, it is an act of tort because it has infringed on the just rights and interests of the other litigant out of subjective malice or deliberation. In the second part, by analyzing the cause of malicious prosecution, the author indicates that malicious prosecution is driven by illegal interests or purposes and has a negative effect and that the different knowledge level of individuals about the law and the defect in China's current legal system are the main causes of the increasing cases of malicious prosecution. In the third part, by comparing the regulations of the two major law systems on malicious prosecution, the author comes to the conclusion that in order to effectively regulate malicious prosecution, we should draw on the successful experience of other countries and adopt a double regulation mechanism combining substantial law and procedural law. In the fourth part, the author puts forward the regulative means and legislative suggestions for gradually establishing China's legal mechanism of regulating malicious prosecution. First, the principle of credibility should be stipulated in the civil procedure law. Second, an infringement compensation and responsibility system for regulating malicious prosecution should be established.In the conclusion of the article, the author states that before malicious prosecution is specifically regulated by the Chinese law, we should positively handle the case of malicious prosecution in accordance with the current civil substantial law and procedural law and accumulate experience so as to effectively regulate malicious prosecution in the near future.