Theory Of New Malicious Lawsuits In The Civil Procedure Law

In the current judicial practice, there are more and more behaviors that one party brings malicious lawsuit to another party with unlawful motives or purposes in the legal form.Which for bringing some kinds of damage to the latter and even the of the third party’s interest.It result in the loss of reputations and properties of citizens,communities andeven states. What the lawsuits does,moreover, is wasting the lawsuits resources,disturbing the order of the lawsuits and damaging the authority of our country’s justice and the current law. Now the good news is that the new Code of Civil Procedure started to payattention to modify the behavior of malicious lawsuits.But that doesn’t mean a perfect regulation system of malicious litigation is constructed. And we need to prove the relief ofmalicious lawsuit. Although currently problems like the concept,constitution and basic elements of\the malicious lawsuit remain controversial, but comparing with the foreign experience, combined with the basic national conditions, local judicial practice and the new Civil Pprocedure Law, we can prove or strengthen rules about the advanced relieves,tort relieves,comprehensive relief and criminal regulations and other aspects to relief the legitimate rights and interests which suffered unlawful damages.