The Law Regulation Of Civil Malicious Lawsuits

With the introduction of the new Civil Procedure Law, Maliciouslitigation has obtained a larger development in China’s legal construction.With the continuing development of China’s economy, people’sawareness of law also will be enhanced as well. As a weapon for legalrights, laws also have their own lag and limitation. Some people withulterior motives is based on due process of law against the legitimaterights and interests of others, resulting in the malicious litigation. Inmalicious litigation process, to take advantage of the protection of the law,the infringer uses malicious collusion to conceal the truth, challengingthe solemnity of the law. Based on this phenomenon, the theorists had alengthy discussion, which to some extent promote the new CivilProcedure Law. Relative to foreign legislation of the legal regulation onmalicious litigation, our country’s is relatively less. As a result, the concept, features, manifestations of malicious litigation have existed avariety of insights. This essay will further define the relevant concepts ofmalicious litigation by comparing with the provisions of the maliciousforeign proceedings and on the basis of the new law.The new Civil Procedure Law has given a certain degree of adoptionof the recommendation by some scholars. Nevertheless, in reality,malicious litigation is worse and worse. Then how to introducelegislation, judicial interpretation on the basis of the new Civil ProcedureLaw will be the top priority of the next. How to further regulatemalicious action will be an unavoidable topic. The essay will furtherexplore how to regulate malicious prosecution, how to improve theexplanation of malicious litigation from the legislative and judicialpoints.This article will explore the concept and regulation of civilmalicious litigation from four parts. The first part is concerned with a general investigation of the civilmalicious litigation from the aspects of concept, comparative law andmanifestations, etc. to further define the concept of malicious litigation.The second part discusses the causes and harmfulness of civilmalicious litigation. The first section will analyze the causes of civilmalicious litigation standing on the plaintiff, judges, lawyers point ofview to; Section II will analyze the harmfulness that the maliciouslitigation brings to today’s society, and why do we rush to regulatemalicious prosecution.The third part focuses on the Legislation of civil malicious litigation.It will further explore how to regulate malicious prosecution on the basisof the new Civil Procedure Act and put forward some basic principles ofregulation malicious litigation.The fourth part focuses on civil malicious litigation judicial rules. Itillustrates how to regulate malicious prosecution from the synergies of litigation concept and pre-trial preparation system.By the induction and summary of the various views in civilmalicious litigation system in four parts, and the corresponding legalregulation, hope to play a subtle role in the development of maliciouslitigation regulation.