Study On Civil Malicious Litigation And Its Regulation

As one remedy endowed by public power, litigation is a primary method takenby the parties to safeguard their legal rights and interests. The purposes of litigationare protecting people’s lawful rights from being infringed in order to promote thesocial fairness, justice, social harmony and stability of the society. However, theoriginal spirit should be followed, and it may be abused when the legal boundaries areoverstepped.With the enhancement of people’s rights consciousness and legal awareness,people are increasingly paying more attention to litigation. Increasing numbers ofpeople are driven by interests and their values are twisted and therefore the rightsendowed by the law are abused. In order to pursue illegal benefits, some file amalicious litigation, which infringe the legitimate interest of the other party, goesagainst lawsuit’s purpose of seek righteousness, damage the sanctity of law andstability of the society. The ways of malicious litigation emerges one after anotherincessantly, which make it hard to discover. Once succeed, it will have a terribledemonstration effect.Therefore, it is essential to conduct thematic studies on malicious litigation. Wetake malicious litigation as the subject of this article, analyze its current situation, andoffer suggestion on the legislation and enforcement of malicious litigation.This article is categorized into three parts accounted more than32000words.Thefirst part, the author defines and classifies malicious litigation after referring to thedefinition made by different scholars, comparing with the conception related it,summarizing its traits, analyzing the various forms of it. And the author discusses thereason for the increasing frequency of malicious litigation based on China’s reality, soas to draw a conclusion on it. After analyzing the detriment of malicious litigation, the author discusses the necessity and urgency of regulating it at the end of this part.The second part, through comparing the legal rules of the Civil Law countriesand the major countries of Common Law system, combining with the current situationof legislation and judicial practices, analyzing the contrast between the regulations oftwo legal systems, the author concludes that we should learn from other countries bysummarizing their successful experiences and basing on the national conditions.The third part, the author obtains the legal principles of regulating maliciouslitigation by analyzing the relevant theory of law. On this premise, the author givessome advices on how to regulate malicious litigation both in legislation and in judicialaspect, and how to improve legislation by enforcing laws strictly, with view to be ofsome help to the study on this issue.