Research On The Tort Liability Of Malicious Litigation

The malicious prosecution is one kind of abnormal phenomenon in the field of litigation, it is a behavior refers to the offender, in order to seek illegal benefit or harm others, taking civil action, the criminal litigation or abusing procedure by using litigation procedure with no facts or reasonable grounds, so as to make others suffer damage.With the development of the society, the legal consciousness of citizens is increasing, litigation becomes the most important and last way to maintain citizens’ interests. Actually, litigation is a way that the subject use exercise of national judicial authority to safeguard their legitimate rights and interests, but in recent years, malicious prosecution phenomenon in the judicial practice happen very often, the victim was suffered an unlawful infringement and causes a series of social contradictories, public order and good customs was damaged, it is not only injures authorities of public trust and judicial organ, but also causes tremendous waste of the national judicial resources. There are so many reasons why the malicious prosecution increases flush, for example, current law education and propagation lacks enough attention to good faith, then, there have been defects in the statute law and litigation system, and it is unclear how to determine tort liability of the malicious prosecution. However, how to rule and regulate the malicious prosecution is still in its initial stage in our country and practice of community views on this issue have divergent views to achieve reunification.The object of the paper is a malicious tort litigation, trying to draw on the useful experience at home and abroad, to clarify the required procedural law, and more have it in the substantive law to establish a comprehensive regulatory system. Attempt by comparison with related concepts, and thus depth analysis of its inherent nature, which reveal the reasons for the formation of a malicious litigation, come to be regulation of the necessity and feasibility of the concept of malicious litigation as an entry point. Malicious litigation legislation has always been our country’s legislation many provisions from the two legal systems in various countries and regions, we can conclude that the infringement of the regulation malicious litigation, we can learn useful research results of the common law countries, take procedural law and substantive law to parallel, not only in procedural law, the provisions should allow a malicious lawsuit to become a specific type of violations and specific and clearly defined.