Malicious Civil Lawsuit Study

Malicious civil lawsuit is acts in civil lawsuit that parties to civil suits who know or should know that their lawful rights are not been to harm,use civil procedure to get perverse benefits which is out of results of litigation referee,for getting the opposing parties into lawsuit trouble and heavy loss.It is severe tort.malicious civil lawsuit not only encroaches on opposing parties'legal rights and interests,and wastes justice resource which is limited,but also shakes people's faith in state justice and reduces reasonable expectation of relief of public power.What even more serious is malicious civil lawsuit is likely to lose people's approbation on legal authority. Nowadays,academic field has a lot of explaination about malicious civil lawsuit,without a coincident concept.There is not any specially rules about malicious civil lawsuit in our current legislation.Due to being short of coincident standard,judge makes decision by his understanding and analysing the case during judicial practice.Malicious civil lawsuit case is heavy affected by personal factor.Some cases which are strongly like have different results of judgments and rulings in different law courts.It is disadvantageous for unifying justice mode and all legal system.And litigant may arrest the judgment,the problem is not resolved when lawsuit is over.Acording to malicious civil lawsuit cases during judgement,I define scientifically malicious civil lawsuit and make a strict distinction between it and other related concept by historical investigation and comparison method.Furthermore,I deeply analyse and sum up the type and consequence of malicious civil lawsuit.At last,I give my advice to complete responsibility and regulation of malicious civil lawsuit,in order to building malicious civil lawsuit legal system,keeping down trend that malicious civil lawsuit pread.