Rules And Regulations On Malicious Prosecution Under The Context Of New Civil Procedure Law

The malicious prosecution is a tort that uses legal means to conceal illegal intention. Itrefers to the litigant’s tort of intentionally infringing the lawful rights and interests of thestate, collectives and the others by taking proceedings or through the procedure ofproceedings under the circumstance of knowing that their actions violated the laws andsocial integrity with no facts or legitimate reasons. Our new Civil Procedure Law of2012which does not bring all types of malicious prosecutions into the range of legal rules andregulations, and also lack institutional coordination with the relevant laws, cannot form thejoint forces of rules and regulations about the malicious prosecutions. Therefore, the rulesand regulations on malicious prosecutions still need further improvement. Pay equalattention to substantive law and procedural law, in order to protect lawful rights andinterests of citizens and optimize our civil litigation system continuously.