Research On The Regulation Of Malicious Civil Action

The purpose of civil litigation is to resolve disputes and protecting the legitimate rights and interests of citizens. But in our social life,some people just ignore this purpose.They know perfectly well that they don’t have cogent reasons or they just take advantage of the legal loophole,and still want to implement civil action to get illegal interests through damaging the interests of others,and this action is called malicious civil action.In recent years,the number of this kind of phenomenon is rising, and it will not only damage personal interests,but also public advantages.There is very few statues related to malicious civil action in China.Although the "principle of honesty and good faith" has been has established by the new civil procedure law, it has not been further explained.Generally speaking,the complete and effective regulation system has not been established,and this allows the existence of this phenomenon.In order to avoid the harm of malicious civil action,it’s necessary to do some research on how to regulate it.This article contains a total of six parts.The first part is an introduction,mainly includes the research’s background, the significance of this research,the main content and the research’s methods. The second part describes the fundamental theory of malicious civil action,firstly analyzes the definition of malicious civil action, then determines its nature and characteristics, and at last analyzes its cause of information and its harm.The third part based on the second part,puts forward that we should distinguish malicious civil action from other action based on the" principle of honesty and good faith",the" principle of profit of actions "and the "principle of capacity to be a party",and finally we should establish the linear identification system of "identification principle--common types of malicious civil action--distinguished from similar definitions".The fourth part introduces foreign countries’statues on malicious civil action,through comparing and analyzing the legislative model and the specific institutions of anglo-american system and continental law system, we conclude the advantages and disadvantages,and then we could use the good legislative idea and good specific system in our country.The fifth part analyzes the legislative defects of regulating malicious civil action now in China,and this well be helpful for the next part’s expounding.The six part is based on all the contents above,through absorbing nourishment of legislative idea and specific system,combining the current situation of legislation and judicial circumstances in our country,and then bring forward the regulation system of malicious of civil action.