Research On The Prevention Of Malicious Civil Action

Malicious prosecution is a kind of unlawful practice in which one party profits maliciously from the legal forms of lawsuit and damages others benefits or seeks wrongful benefits for achieving some illegal intentions beyond legitimate intentions of lawsuit. It is an ill phenomenon in the domain of lawsuit. This kind of actions turns justice court,which was originally a symbol of fairness into the arena to violate the legal rights and interests.It is not only wears off the opposite party manpower and financial resources, but also wastes the limited national judicial sources, meanwhile it violates the value of procedural law and damages greatly the justice of law. But presently, there are no specific provisions in China’s substantive law and procedural law, and what’s more, in the domain of procedural law, research on this problem is still in its infancy, and in dispute for a long time. There are so many controversies on the basic theories of concepts and characters, etc, that studying this problem more systematically and deeply makes a positive sense on theory and practice, which impulses the improvement of the reformation of our country’s civil lawsuit system.We should start with fundamental issues for the study of malicious prosecution, so we should compare some interrelated concepts for determining the concept of malicious prosecution and summing up its present ordinary types. At the same time, the significance of the restraint of malicious prosecution will be stated. Through a comparison between precaution measures of two genealogy of law against malicious prosecution we can learn from the restraint of malicious prosecution in foreign countries, Finally, based on the situation of different aspects, the idea of the containment and the prevention of malicious prosecution will be proposed. As a basic principle to prevent malicious litigation, we should introduce the principle of good faith to the procedural law. In addition, several aspects such as malicious litigation recognition, discipline and responsibility should be discussed.In this way a effectively curb line of defense against malicious litigation behavior can be established.