Research On The Regulation Of Malicious Civil Action

Malicious civil action today has become a problem can not be ignored, it is at the expense of the legitimate rights and interests of other parties, at the same time, the growing number of malicious civil cases take up a lot of judicial resources, affecting the fair trial of other cases, challenging the judiciary seriousness and impartiality. China’s current civil action for malicious legal regulation is not perfect, and only sporadic presence statute, did a system. On civil law, the principle of good faith as the main specifications of malicious litigation, require the parties to adhere to honesty, both principled provisions, there are specific legal provisions at the time of the proceedings. Common law due process places the cornerstone with procedural and substantive Combination mode, promote the development of the theory of justice through litigation, with a progressive judicial theory known legal action benign, there are two legal systems into a malicious litigation regulatory legal system. China’s current law is missing in this area is still relatively large, from the definition of malicious civil action for tort liability to start, with the detailed provisions of substantive law, procedural law litigation process guaranteed by justice, build Combination substantive law and procedural principles and specific legal norms combine malicious civil legal regulation system in order to promote a more progressive laws to ensure that the proceedings be the last bulwark of the real right to relief.