Type Analysis Of The Malicious Civil Prosecution In China And Its Legal Regulation

This paper combines various views of current academia, the concept ofmalicious litigation is defined, and compare the constitutive elements of maliciouslitigation to the qualitative behavior’s, give the qualitative to malicious litigation, andthen have a simply analysis of the reasons for China’s civil malicious litigation fromtwo aspects of the subjective and the objective, on the whole, have a more accurategrasp of our country’s civil malicious litigation, which lays the foundation for laterdiscussion; secondly, from different angles introduce the specific situation of ourcountry’s current civil malicious litigation, including the provisions of the maliciouslitigation’s types in the law,and the regulation of the malicious litigation,currently, inthe judicial, the types of the malicious litigation and how to deal with this kind ofcases, there is, presently, the research directions and various kinds of specificclassification of the civil malicious litigation in our country’s academia, through theanalysis of the above points, points out some problems; again, in combination withthe analysis of above, give the paper’s classification concept of the civil maliciouslitigation, describe the basis and significance of the paper’s classification, andcombined with the typical cases respectively to introduce the concept andcharacteristics of three kinds of civil malicious litigation that is maliciousprosecution,abuse of litigation rights and litigation fraud, and summarize thesimilarities and differences between them, and how to distinguish; finally, give someperfection suggestions to the legal regulation of the civil malicious litigation in China,firstly, introduce some principles that legal regulation should followed from threeaspects, and then put forward some concrete improving measures from thesubstantive law and procedural law.