On Malicious Litigation Infringement

With social progress and economic development, there are more and more lawsuits, and the malicious lawsuit phenomenon is also increasing day by day. The malicious lawsuit behavior has upset innocent person's calm life, which make their legitimate rights and interests suffer unnecessary infringement, destroyed the civil order, and wasted the resources of the country. Under the existing legal system, the victim of the malicious lawsuit is still difficult to seek the effective protection by law, so that it make people suspect on function of the law. This paper is to make discussion about the malicious lawsuit tort, and it is divided into five parts.part one expoundes the malicious lawsuit from the perspective of the comparative laws, by comparing civil law legal system, common law legal system, international treaties and laws in our country. Much attention is paid to preventing people from carrying on the lawsuit rashly in Rome law. Although it has not stipulated the malicious lawsuit clearly, its provision on true obligation of some clauses is quite like today's malicious lawsuit Different from civil law legal system, common law legal system provides the malicious lawsuit behavior at once in substantive law and in procedural law, and the malicious lawsuit has developed into a independent kind of the tort on the substantive law. There were the prohibitive regulations that lodged against a false accusation in the ancient law of our country, the ruling class had been paying attention to the treatment to lodging against a false accusation all the time . The cases about the malicious lawsuit have appeared in the judicial practice in our country.Tthere are not express regulations about the malicious lawsuit in our current law, but some provisions have reflected this spirit There are express clauses about the malicious lawsuit behavior in " Civil procedure Act" of the area of Macao of our country, which stipulated the corresponding sanction measures.Part two expounds the basic theories of tort about the malicious lawsuit, including the concept and the range of the malicious lawsuit. The malicious lawsuit, means that the actor bring a lawsuit out of bad motive, in order to seek illegal interests , or out of gross negligence which cause the harm to country, society or others' legitimate rights and interests. The subjective attitude of the...