Malicious Prosecution Action And Its Precaution

Malicious prosecution is derived from the Anglo-American law, which is called the abuse of legal proceeding in the field of tort law of Anglo-American law. The abuse of legal proceeding is an independent tort in Anglo-American tort law, which means unfair and no reasonable civil or criminal litigation. In this paper, the concept of malicious litigation is defined in the field of civil procedure, which is an intentional tort, occurring in the case of knowing there is no factual basis and justification, in order to achieve illegal purpose,the actor also bring a suit. With the development of market economy, people’s law consciousness is strengthening continuously, as well as the benefit consciousness. However, in the process of pursuit interests, a lot of people use improper means to achieve illegal profit, even the means of malicious prosecution. Facing with large number of malicious civil action, effective measures to prevent and curb this behavior have an important theoretical significance. In this paper, I put forward some measures of preventing malicious prosecution on the basis of analyzing related issues.This paper is divided into four parts:The first part mainly discusses the basic problems of malicious prosecution. First I define the concept of malicious civil action, and then, introduce its features, constitutive requirements and its different from other related concept. The second part analyzes the causes and harm of malicious civil action. The third part mainly introduces the malicious prosecution in the foreign countries. With the purpose of gaining some enlightenments. The last part I analyzed the necessity of curbing malicious civil action in our country and proposed some suggestions to prevent and curb malicious civil action, from the perspective of procedure law and entity law.