Research Of Regulation Of Malicious Civil Litigation

With the deepening of the judicial reform and the improvement of people’s legalawareness, many procedural rights have been abused, so the phenomenon of civilmalicious litigation has become increasingly seriously. Three provisions and one basicprinciple of good faith have been added in new civil procedure law which was modified in2013, the author investigate regulatory methods of some foreign counties to proposeobjective evaluation and suggestions for improvement of our present regulatory system toregulate civil malicious litigation.As the starting point, this article focus on the concept of civil malicious litigation andthe reason why civil malicious litigation frequently happened in our country, through theanalysis comes a conclusion that civil malicious litigation should be regard as aindependent infringement type to regulate. Secondly, the investigation of regulatorymethods of some foreign counties to propose objective evaluation and suggestions cancontribute to the build of our legal process. In addition, the paper analyzed why civilmalicious litigation happened so frequently in our country. Finally, the article mainlyemphasizes the measure to improve this system. Establish a tort-reparation system,improve pretrial preparation procedure, expand the scope of the third person outside thecase all can be used to prevent and regulate civil malicious litigation. Of course, the law isnot a panacea, in addition to improve the substantive law and procedural law, many quitefeasible measures can contribute to put an end to the phenomenon of malicious litigation,for example, strengthen the operational capacity and professional quality of judges toidentify civil malicious litigation, strengthen civil litigation culture to enhance the legalcultivation. So, the author conducts a trial design to contribute to build a specificregulation system against civil malicious litigation.