On The Malicious Litigation And Regulation

With the social and economic progress, social competition increasingly fierce, peopleincreasingly awkward conflict of interest, resulting in social disputes continue to occur, moreand more litigation, and increasingly complex, and the growing phenomenon of maliciouslitigation, this phenomenon is not only against the legitimate interests of others, but alsoseriously undermined the judicial fairness and justice, an enormous waste of judicialresources, seriously interfere with the judicial order, social harm increases, causing more andmore attention. Adds new Code of Civil Procedure Article112,Article113of the twoprovisions, malicious collusion between the parties in an attempt to infringe upon thelegitimate rights and interests through litigation, mediation etc,as well as debtor maliciouscollusion with others, through litigation, arbitration, mediation and other ways to evade theirobligations to determine the legal instrument made of two cases targeted regulations. Thepositive response of these provisions are the demands of judicial practice, making theregulation of both parties collude maliciously harm the legitimate interests of others or acts ofmalicious litigation escape execution, for the first time has been based on the law. But thepresence of malicious litigation issues and continue to spread, so the malicious litigationlegal regulation is imminent.Malicious litigation is not just a problem unique to our country, whether civil law orcommon law extraterritorial countries are facing the same problem of malicious lawsuits havebeen explored on this issue and regulation. This paper on civil law and common law wereboth on the regulation of civil exploration and production of malicious litigation contrast, forour better respond to the issues raised in civil litigation experience malicious, our country canlearn from foreign experience better sound China’s legislative system.In this paper, the theoretical foundation and learn from civil law and regulatory measuresin the common law of malicious litigation issues were more in-depth discussion, the textcontent is divided into the following four parts.First, through five typical case leads to the phenomenon of malicious litigation, then the concept of malicious litigation and its manifestations, and the use of comparative analysisis similar to the concept of malicious discrimination lawsuit.To undertake a comprehensiveanalysis of malicious litigation and then found reasons malicious litigation generated forvarious reasons malicious litigation generated for further analysis, and the consequences ofmalicious litigation arising gave specific instructions.Then infringement proceedings against malicious legislation from reality, a detailedanalysis of advanced legislation on civil law and common law malicious litigation regulationmode, proposed tort of malicious litigation Elements.In the end, in view of the legislation is by no means the only problem generated bymalicious litigation, therefore, combined with the current status of legislation and practice inaccordance with the feasibility of the operation, from many aspects of malicious litigationlegal regulation proposed countermeasures.