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A Study On Civil Malicious Litigation

Posted on:2013-12-29Degree:MasterType:Thesis
Country:ChinaCandidate:J JinFull Text:PDF
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Along with the development of our country’s legal process, litigation as the ultimate and the most effective means to safeguard citizens’rights, its value and function has been exploited gradually. However every coin has two sides, litigation is a "double-edged sword". In special cases, it will lead the function of lawsuit to dissimilate and propagate the malicious prosecution. Considering the fact that there is a vacancy in legislation while the incidence of malicious prosecution is increasing, it’s just the right time to study on this problem. This paper mainly focuses on the malicious civil action in our society.As a new type of tort, malicious civil action shows the transformation of Chinese social legal consciousness, which is the morbidity phenomenon in the area of civil litigation. It violates citizens’ legitimate rights and interests, wastes national judicial resources, ruins people’s trust to justice, causes distrust in the rule of law. Therefore, it is quite necessary to regulate the malicious prosecution behavior. Beginning with the conception of malicious prosecution, this dissertation has four parts, from the summarization, further analysis to resolution.Chapter one is the summarization of the malicious civil actions. The dissertation mainly discusses the study in the Western nations especially in U.K and U.S.A as well as the rules in ancient China. On the basis of enumerating the different concepts that our scholars bring up and analyzing the elements of the malicious prosecution, the dissertation concludes the concept of malicious prosecution. The dissertation makes a further research through drawing a comparison to similar conceptions, preparing a theoretical basis for the resolution of the problem.Chapter two and chapter three are the analysis on the malicious civil actions. To start with, chapter two overviews the area where the malicious prosecution happens, then divides the malicious prosecution into different types according to the differences of the subjective mode, dissects the causes and negative effects in the third step. Chapter three is about the actual status in restraining the malicious civil actions at home and abroad. These two chapter prepare a practical basis for the resolution of the problem.Chapter four is the suggestion on how to restrain the malicious civil actions. Having a clear understanding of causes and status quo of restrain of malicious civil actions, the dissertation makes some suggestions from the procedural point as well as the substantial point. As a social phenomenon, it requires the conjunct influences of the moral building and good faith to restrain the malicious civil action.
Keywords/Search Tags:malicious, civil action, legal regulation
PDF Full Text Request
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