Problems Of Civil Malicious Litigation

In modem time, the civil action is considered an important means to stand up the legal rights and to settling disputes. The value and faction of the civil action has been exploited fully. In recently years, the malicious civil actions are on the upward trend. These actions have quite seriously harmfulness to the society. They squander the limited resource of trail more than waste the manpower, the resource and the energy of the opponent, even make the crisis of confidence of the civil actions. Some reasons of the malicious civil actions is the civil action itself brings, that is the inevitable "negative effect" of the civil action, but at bottom, the malicious civil actions go back on the purpose of the civil action, therefore, it is necessary to restrain it. However, there are no specific provisions in our county's substantive law or procedural law, so it is hard to restrain the malicious actions in practice. In the province of the law of civil procedure, the research of it is still in its infancy, and has an interminable argument. There are so many disagreements on the concept, the elements, the forms, and so on that make it confused with concepts of the procedural legerdemain, the abuse of the right of action and the abuse of the process, and less technical analysis on it. However I consider that it make sense of theory and practice to know exactly about the idea and the want of our civil action, and have reflex ion on how to make our civil procedural law perfect and reform the system of the civil procedure by studying it systematically and deeply.The thesis is divided into three parts, the quotation, the text and the epilogue.The quotation: it introduces the study status in quo and the problems summarily, indicates the sense of theory and practice by studying the issue and introduces the overall thinking of writing.The text is divided into four parts, that is:The first part: summarizing the malicious civil actions. To start with, I introduce the study status and results about it in the Western nations especially in English and the USA, to draw a comparison to the rules that the continental law system makes, and the actual state of our civil procedural system. Then I have introduced and enumerated the different concepts that our scholars bring up and...