Regulations On The Malicious Litigation

With the development of market economy,people are making big progress on legal awareness.Because of the lag of law and change of people’s value,some people began to seek benefit through illegal means. The proceeding of prosecution is the ultimate means to protect people for their legal interests,but some criminals use the legal procedure to seek illegal purposes. In recent years,the malicious prosecution cases in China take on an upward growth trend.But now,in our country,there is no unified conclusion on malicious litigation,which brought a lot of inconvenience to our effective regulation on malicious litigation.Through studying the legal of civil law and common law and summing up the various countermeasures,author draws on the useful experience to the domestic.On the study of the perspective of malicious litigation and the actual cases in Chinese judicial practice,author makes an all-round research on the malicious litigation.Then auther puts forward own humble opinions from the perspective of substantive law and procedural law in order to make some contributions to the legal regulation for malicious litigation.