On The Procedural Prevention And Regulation Of Malicious Litigations

Civil litigation is usually to protect their legitimate civil rights, and use legal means to resolve disputes in a normal channel. With the continuous development of society and people's awareness of the law, some citizens use the legal proceedings to seek illegal interests under the cover of a malicious, civil action in today's society has become a phenomenon that had to contain. As we all know, the highest value of law is the pursuit of fairness and justice. However, the parties of malicious prosecution take the various ways to achieve the damage to the legitimate rights and interests of the opposite party and the third party. The value is contrary to law, and it can result in serious obstruction of justice, and a strong challenge for fairness and justice of law. Although in today's society, people have realized the dangers of malicious litigation, most still in their initial understanding of the public stage, how to prevent and regulate malicious litigation is also at a loss. In this paper, the malicious action on the basis of defining in-depth analysis of the dangers of judicial practice, with the Western countries on the regulation revelation of malicious litigation, made a number of malicious actions on the recommendations of prevention and regulation.This text is divided into four parts:The first part focuses on the definition of malicious prosecution, according to the domestic controversy explained the meaning and nature of malicious litigation, the type of malicious litigation and other aspects of its constituent elements. The main substance of the second part is the social dangers of a civil malicious litigation, and points out the necessary for regulation malicious litigation. This section appears on the causes of malicious litigation analysis, pointed out the shortcomings of civil systems. The third part focuses on the foreign successful experience about prevention and regulation of malicious prosecution .The fourth section is mainly from the perspective of procedural law, to discuss the regulation of civil malicious litigation and prevention methods and their level of today's civil law system improvement. This is the article's main focus. In this section, the author made some suggestions, mainly civil action shall be established the principle of good faith, and the System of Civil Procedure and other relevant aspects for analysis.