Malicious Litigation And Regulation

Malicious prosecution is an illegal act to obtain the illegal profiteering by infringe upon the lawful rights of the States and the individual which use the legal form of the lawsuit. It is malevolence act without legal evidence of the lawsuit. This action not only waste the manpower material resources and money of the parties but also unwarranted diversion of judicial resources of our country. It violated the just mind which is pursued by the lawsuit and damaged the prestige of the law. Now It is difficult to judge the malicious prosecution because there is not a clear rule to judge the malicious prosecution in our law, especially It is initial stage to study this problem and dispute continuously. So systemic and in-depth studying this problem is very important which have positive guide in theory and mirror in practice to realize the lack of the lawsuit in our country and perfect the law of the civil action and reform the rule of the civil action.We work from the basis problem, analysis the theory of the malicious prosecution clearly,the behavior essence and attention the reason and the related detriment for studying the malicious prosecution. It is ignorable to restrain the malicious prosecution effectively in the current form. This text want to make a contribution to restrain the malicious prosecution in the judicial practice with analysis the concept, reason, harmfulness, and rule of the malicious prosecution.