Analysis On The Identiifcation And Procedure Regulation Of Civil Malicious Lawsuits

Accompanied with the construction and development of a society governed by the rule oflaw in China，the citizens5litigation rights have been under an unprecedented level ofproetction. At the same time，the number of lawsuits and the subjects are very impressive, andthe Annual Report on the construction of the society under the rule of law in China (2011)states that courts across the nation received a total of12,215,570of the vairous cases, andconcluded11，489，020rulings with the subject of more than17Y.,000uan in2011. However,along with strengthening the protection of litigation irghts，it should be noted that theregulation to the improper exercise or even illegal acts of abuse of irghts，otherwise it will beovercorrected, and waste the limited judicial resources, and civil malicious litigation, whichcomes rfom the civil judicial practice肪d concern by the academic the judiciary, is the mostdirect manifestation.The new Civil Procedure Law constructed part of the regulation to civil maliciouslitigation and fill the gaps in the civil procedural law system by setting the principle of goodfaith, the third party application for revocation and the punishment for the damage to otherpeople’s legitimate rights. But we should admit that they are deficient and should clairyf thestandard for the identification and procedure regulation of civil malicious lawsuits&om ifling,trial, execution, complaints and other procedures via relaetd judicial interpretation, so as tosolve the problem in juirdical practice.This article focuses on what is civil malicious lawsuits, why we need to regulate civilmalicious lawsuits and how to regulate civil malicious lawsuits, in the angle of procedure law,and in the area of civil litigation procedural law, with three main parts as below:The ifrst part is to define the civil malicious lawsuits by its concept, characteristics,components, etc. and to analyze it? then compare civil malicious lawsuits and the abuse oflitigation irghts and rfaud lawsuits.The second part is to identify civil malicious lawsuits by its malicious subjective, objectiveviolations, damage results and causal relationship, then summed the ifve common types ofcivil malicious lawsuits.The third part is to analyze the harm, caused, the disadvantages of law, the legislative proposals rfom experts，and investigate the regulation of the major countires of civil law andcommon law civil malicious litigation regulation, then finally make the suggestion on how toregulate civil malicious lawsuits in China.The innovation from this article is，firstly, to analyze the civil malicious lawsuits with thetheory of tort law, judicial cases and the legislation of the major countries of the two legalsystems; secondly, to demonstrate and make recommendations on how to regulate civilmalicious lawsuits in China from all the stages of proceedings.