Explore The Problem Of Malicious Litigation

In the complex economic activity, each conflicts of interest, the benefit harm event emerges one after another incessantly, contradictory things have their order of priority, had decided the social contradictory solution mechanism must consummate unceasingly. Especially take the legal system as heavy. Today which strengthens unceasingly in the judicial Uygur power consciousness, when the people mediate, the administrative mediation has not been able to solve, each benefit main body often chooses the lawsuit to defend its legitimate rights and interests.In the lawsuit manifests the benefit realizability, also attracted the personnel who many lacked the reasonable demand to attempt through the lawsuit method to gain the improper benefit. Namely the malicious litigation. Malicious action to occur more and more, especially in Zhujiang Delta area. The Zhujiang Delta economy develops high speed, its lawsuit quantity as well as the case type's renewal also update quickly, the malicious lawsuit phenomenon also occurs now and then in lawsuit various stages as well as various lawsuits tectonic plate. The labor dispute tectonic plate appeared the malicious lawsuit situation growth was obvious, regardless of where the worker or the Employer, appeared has utilized each method to carry on the malicious lawsuit the phenomenon. This article aims to work with my little experience, does alternately the research analysis to the malicious lawsuit theory and the labor dispute lawsuit, in the guard judicature practice will exist in the future the labor dispute evil intention lawsuit question's solution has the positive significance.This article main text altogether divides into four parts.The first part mainly emphatically in the concept discussion and the crosswise comparison theoretically, obtains from the civil action right and the malicious lawsuits concept, carries on the induction to the malicious lawsuits phenomenon and the classification.And the malicious lawsuits new characteristic carries under the new economic environment.The second part is about labor disputes existing processing mechanism as well as the malicious lawsuit and labor dispute lawsuit scope's overlapping.The third part, probes in the Dongguan judicature practice the labor dispute evil intention lawsuit case, makes the brief induction through the case to the present situation.Fourth part, searching the prevention of malicious lawsuits of the plate in the labor dispute:A complete set of mediation, arbitration procedures;the reform of Fee system;strengthen the filing review;the legislative to strengthen punishment of efforts to increase the risk of malicious litigation;Improve the form of social integrity,etc.