Study Of Civil Malicious Litigation

Our country present advancement judicial reform,more emphases is to the litigant lawsuit right maintenance as well as the safeguard,but overcorrects the mistake is a price which we reform should not pay.From defends the litigant legitimate rights and interests and the stable social order angle embarks,the malicious lawsuit question should bring to the attention.Therefore,is clear about the malicious lawsuit the limits and the nature,links to our country concrete reality,sets up conforms to our country own judicature cultural context guard and the rules and regulations evil intention lawsuit system is must with urgent.These original intentions are myself attempt to the malicious lawsuit carry on the inquisition the starting point.Chapter One is 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.And then,I have compared the concepts of malicious civil action with the procedural legerdemain,the abuse of the right of action,the abuse of the process and the action that is trifling to prevent confusing them.And then analyzes to the malicious lawsuit constitution important document,further is clear about the malicious lawsuit the concept.Next,through to the malicious lawsuit concept analysis,obtains the malicious lawsuit the nature.Chapter two is the further analysis on the malicious civil actions.First, to analyze the cause of it,that is,the inevitable "negative effect" of the civil action,the defects of our county's existing law system,the less recognitions of the honesty that law education to build,the differences of the law knowledge and ideas that people have and the changes of people's ideas of procedure in the time of the social transform.Second,to expand my view of the necessity to restrain the malicious civil actions,that is:the realistic dangers of it,the requests of the principle of good faith and the breach of the propose of the civil procedure so that people maybe have a distrust of procedure.Chapter three put forward suggestion on how to restrain the malicious civil actions.First,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.Second,to take some advise on how to make the procedural system perfect by Look a situation of preventing the malicious civil actions taking place.