On Tort Liability Of Malicious Actions

Malicious lawsuit is a new type of tort, which has not been formally accepted by Chinese civil law or related law yet. However, the phenomenon of malicious lawsuit is becoming more and more serious, which not only infracts the legitimate rights and interests of the others, makes a waste of the national judicial resources, but disrupts public order in a certain extent. So it is absolutely necessary to limit malicious lawsuit. This paper takes malicious lawsuit as object of study, discusses its concept, type, inscapes and regulation, looking forwards to providing an alternative solution to the design of tort obligatory institution of malicious lawsuit in China. In the part of Preface, in order to give the readers an intuitive knowledge and understanding of malicious lawsuit, the author enumerates three typical cases of malicious lawsuit, which correspond three kinds of basic types that this paper is going to elaborate specifically.The body of this paper is divided into four parts:Chapter One is the definition and the types of the malicious lawsuit. First, comparatively analyses the definition of the malicious lawsuit; second, classifies the types of the malicious lawsuit.Chapter Two is the analysis of the inscapes of tort liability. On the basis of the four constituted elements of tort liability, the author demonstrates the criteria for judging tort liability from four aspects: damage to the facts, violations, causality and subjective aspects of fault.Chapter Three is about the responsibility of tort liability of malicious lawsuit. Including the subject, manner and scope of tort liability of malicious lawsuit.Chapter Four is the construction of tort liability of malicious lawsuit First, carries on the elaboration to the necessity of the regulation of malicious lawsuit; second, discusses some main point during the construction of tort liability of malicious lawsuit in China; finally, on the basis of the studying and learning of the existing content, the author presents his own proposal by the above review.