On The Prevention Of Civil Malicious Litigation

As a kind of dispute settlement mechanism, the purpose of civil action is to solve disputes, guarantee civic legitimate rights and interests, in order to maintain social harmony and stability. With the constant improvement of the legal system and the gradual deepening of law concept, people’s legal consciousnesses are constantly improved, and the phenomenon of malicious civil action by using civil action procedure to infringe upon others’ lawful rights and interests is increasing. The 2013.1.1 Civil Procedure Law covers the relevant contents of civil action, established the principle of good faith in civil procedure law and provided corresponding security for preventing malicious civil action. However, Civil Procedure Law only has regulation on one kind of malicious civil action----the parties maliciously collaborate and scheme to infringe on the lawful rights and interests through litigation, mediation and other ways, in practice, there are many different kinds of malicious prosecution, such provisions are not comprehensive enough. Therefore, the legal for malicious civil action needs to be further refined on the related legislation and related problems such as the case filling phrase prerequisite in lawsuit specification, pre-trial preparation procedure perfect and so on. At the same time, judge’s interpretation of the basic rights, the implementation of the court’s right of investigation and careful use of court mediation to suspect malicious civil prosecution cases should also be proper applied in the judicial practice in order to achieve the effect of preventing malicious civil lawsuit. Malicious civil action not only reduces the judicial credibility, but also destroys the lawsuit order. With the purpose of avoiding malicious civil lawsuit behavior bringing the realistic harm, it is very necessary to explore preventions of malicious civil lawsuit.