On The Harm And Its Legal Regulation Of Civil Procedure

The civil action is considered as an important means, which is supported by the power of the government, to settling disputes. But some people use this means to achieve some illegal purpose. This paper is to make discussion about the malicious civil action from civil procedure law and tort point of view, point out the characters of malicious civil action as a tort, and conclude some phenomena in the practice of the judicature.The text of the paper is about 48,000 words, and it is divided into five parts.Part one is the general theory of malicious civil action. First, the author presents the definition of the malicious civil action. Second, the author distinguishes the differences between malicious civil action and some similar concepts. Third, the author discusses the classification of the all kinds of malicious civil action.Part two is the research on comparative law. The author introduces and surveys that the rules and theory of malicious civil action in civil law system such as France, Germany, Japan and Macao, and in common law system such as U.K and United states.Part three is the research on legal liability of malicious civil action. The author thinks the behavior of the malicious civil action, in accord with the nature and result, should commit the legal liability of civil litigation, civil law and criminal law.Part four is a analysis of malicious civil action in China mainland nowadays. First, the author analyzes the cause and the harm of the malicious civil action. Second, the author classifies the related rules and regulations of PRC. Third, the author analyses some typical judgments and concludes the character of the malicious civil action in judicial practice.Part five is the regulation of the malicious civil action with Chinese law. The author thinks that, in order to rule the malicious civil action, there are three most important parts. First, put the right of action of an individual at the first place. Second, we should use both procedural and substantive laws to rule it. Third, when ruling the malicious civil action, it is better in trial of a case rather than before or after it. After this, the author presents some suggestion about how to rule the malicious civil action from civil procedure law, civil law and criminal law.