Construction Theory Of Malicious Prosecution Tort Liability System In China

With the development of economic and social rights consciousness constantly deepening,in the process, the phenomenon of malicious prosecution tort are constantly emerging.Thedevelopment trends of populations increation and the scope expandation have to come to theattention of theoretical research and judicial practice.Modern biology studies have shown thathuman genes have the instinction of the disadvantages.Fairness and justice is the basic valueof law, however, some people through legal means in the process of malicious litigation duginto a large number of illegitimate interests, make the victim was abnormal, the propertydamage that contains also include mental injury. In addition, disgraceful consideration woulddestroy malicious litigation, intensified social contradictions, but also challenged the authorityof law, wasted our country already scarce judicial resources. So the phenomenon of maliciouslitigation must be regulation, but how to regulate the malicious lawsuit, enough in-depthacademic research in China, and certainly not form relatively consistent view.Malicious litigation in our country has gained attention, of course, and the research alsogradually in-depth.of course,malicious litigation in our country has gained attention,and theresearch also gradually in-depth.The constitution, the civil law,and the tort liability law makesome principles and general rules on this question; Intellectual property and the civilprocedure law make some operable approach to regulate malicious prosecution of situationMalicious litigation with the aid of legal procedure, regulating malicious prosecution in theprocedural law has its merit.The civil procedure law with the strongest regulation, the mostrelevant provisions and diversified penalties in many new legal department of maliciouslitigation.However, the understanding of the new "civil procedural law" for maliciousprosecution is not comprehensive, also missed the malicious lawsuit behavior ofpenalties.Look from the domestic legislation, while the inclination to use procedural lawregulating malicious prosecution is very obvious, but the current procedural law still exist inregulating malicious prosecution.So whether as long as we will continue to improve the civilprocedure law related content can solve the problem of malicious litigation regulation?I think it is not satisfactory, in essence,malicious litigation is a kind of tort, so we should give moreattention on substantive law, especially the tort law.This article mainly from the perspective of tort law, malicious prosecution tort liabilitysystem of the building were discussed.To put forward scientific and reasonable system ofmalicious prosecution tort liability, in this paper we discussed the malicious prosecution:Firstchapter is about the continental law system and Anglo-American law system of maliciousprosecution tort legislation and research results, and the legislation and research results of twolaw systems;The second chapter is the study of reference domestic and foreign scholars onmalicious prosecution of malicious prosecution tort on this basis we define the concept oftort,and classify the practice common classification of the malicious prosecution; The thirdchapter analyzes the content of the constitutive requirements of malicious prosecution tortliability,on the basic of the concept and types of malicious prosecution tort;The fourth chapterinstract the malicious prosecution responsibility’s scope and approach;The fifth chapterdiscusses our country draw lessons from foreign legislative experience factor, and based onthe analysis of the experts recommendations, construct the malicious prosecution tort liabilitysystem in China.