Study On Regulation Of Malicious Civil Action

Nowadays, in the civil areas in China, malicious lawsuits occur frequently in the public eye, becoming the focus of attention of the community. Malicious litigation attempts with the lawsuit to infringe upon the lawful rights and interests, or seek illegitimate interests, and all those related behaviors are not only contrary to the principle of good faith, seriously destructed the order of litigation and also a kind of waste of limited judicial resources and a form of undermined of the authority of the judiciary and the courts of justice credibility, so the problem should be received severe sanctions. Although our new civil procedure provided regulation of malicious civil action in certain extent, but it’s still not enough to curb the phenomenon of malicious litigation to occur. At the same time, there is a variety of understandings of malicious civil action in our theoretical circles, and consistent concepts and awareness has not yet been formed, with so many lacks of uniform standards and criteria in judicial practice. What is the malicious civil action the law should regulate, and how the specific regulatory system should be built to solve the problems have become the urgent issues of judicial field.In my passage,the concept of malicious civil action referred to the behavior of the parties that have maliciously bring a civil action to the court, so the relative legitimate interests through litigation have been damaged, leading to mediation and other forms of damage, or to achieve other unlawful purpose. In this paper, the study of the regulation of malicious civil action is divided into four chapters.Chapter one is an overview about the malicious civil action, starting from the definition of the concept of malicious civil action, the distinction between the similarities and differences with other related concepts, specifically identified standards, and to clarify the nature of the malicious civil action.The second chapter analyzes the current situation of malicious civil action, including specific types, characteristics and harmfulness of malicious civil action, and clarifies the causes of malicious civil action from the perspective of mode of litigation, the legal system, and the social environment.Chapter three discovers the point of view of comparative law malicious civil litigation in the investigation, to learn from foreign theoretical research, then to provide ideas regulation of the malicious civil litigation in China. Chapter four elaborates specific countermeasures and suggestions to prevent malicious civil litigation in china by improving double regulation of procedural and substantive law and strengthening construction of moral system.