Research On The Regulation Of The Malicious Civil Prosecution By Procedural Law

The purpose of establishing litigation rights is to ask the court for protection of the civil subject's legal rights and interests when their personal or property rights are aggrieved. Each right has a range which is protected by law, and any enforcement of right out of this range will be considered illegal and malicious. Malicious civil prosecutions, which harmed both the litigants and the judicial organs, have been common now. Malicious civil prosecutions, occurring in civil prosecutions, waste the limited judicial resources and disturb the order of law. So it is necessary for us to study this problem systematically in order to regulate the malicious civil prosecutions from the aspect of procedural law. On the one hand, thesis discusses the theoretical basis of regulation of the malicious civil prosecution by analyzing the Connotative definition of malicious civil prosecution. On the other hand, the thesis proposes the idea of establishing law system to regulate the malicious civil prosecution in China, after learning the foreign successful experience of two-law systems and inspecting the current situation of regulation of the malicious civil prosecution in our own country.