Malicious Litigation Tort Research

In recent years, the malicious litigation is increasing year by year. The malicious litigation caused the lawsuit function to have the disassimilation,not only caused damage to the right relative, but also a waste of limited judicial resources, it must be restricted.By understanding the civil law, common law countries, and China's ancient and the contemporary concerns of malicious litigation, We can study history and comparative law, with the country's social life and the judicial status quo, The concept of malicious litigation should be defined as the deliberate damage to others for the purpose, not based on facts and legitimate reasons and bring a civil action, resulting in the litigation relative losses acts. Malicious litigation constitute violations should be made in accordance with its own characteristics into workable. Through clear infringement of the scope and accountability, legislative and judicial measures and recommendations build malicious tort litigation relief system.To have been based on research data, with the author's experience in judicial practice, with a view to the judicial practice of mitigation and containment of malicious litigation must contribute to the problem, which is the purpose of this paper.