Study On The Legal Regulation Of Malicious Litigation

The Malicious Litigation is that pary who knowing he/she have no legitimate factsor reasonable reasons, abusing civil proceedings, using the normal judicial activities ofthe court, infringing upon others’ legitimate rights and interests, in order to achieve theirillegal purpose. As the changing of people’s lawsuit consciousness and the enhancing ofthe consciousness of protecting legitimate right, lawsuit has become the main means forpeople to settle disputes. Because the declining of social moral, people who becomeignoring the principle of honesty of credit. For their illegal purpose, they use the meansof malicious prosecution to infringing others’ legitimate right and interests. Maliciousprosecution causes the social chaos, and it is bad for social harmonious and stable. it iswaste the country limited judicial resources. The important effected is that it damagedpublic trust of the judicial organ of country and it made people doubt their faith to the law.It is important for us to take measures to regulation malicious litigation. It can protectpeople legitimate rights and interests and maintain the social stability.The paper chapter will introduce the concept of malicious litigation, constitutiverequirements, the reasons of abusing malicious litigation, its bad influence and thetheoretical basis of regulate malicious litigation. Comparing the relevant regulation ofthe Continenal legal system with the Anglo-American law system about regulationmalicious litigation. Then propose that we can regulate malicious litigation by combiningsubstantive law with procedural law. Generaling the legislative status and the justicestatus about the regulation malicious litigation. It comes to the conclusion the defect ofthe regulation malicious litigation. Giving constructive advises to regulation maliciouslitigation. On substantive law, we can create institution of punishment and compensation.On procedural law, we can improve withdrawal system, and improve the suitable subjectof the third cancellation, and also the range of mediation agreement that the procuratoratecan put forward procuratorial suggestion and protest.