On Legal Sanction Of The Malicious Counterargument In The Civil Litigations In China

Civil litigation is a process that the judgers make a decision based on the parties’s claims and statements, according to the relevant laws and regulations. The parties’s claims and representations in line with the actual can make sure litigation actions undertaken smoothly. We can say that the parties’s claims and statements of facts leading direction of the whole process of civil litigation.It is related to the realization of the value of fairness and efficiency goals. With the continuously push forward the process of the rule of law in our country, the awareness of the rights of citizens continues to increase. In addition to know how to use a rule of law to safeguard their legitimate interests, the abuse of rights under the law is endless.In response to the social demand of the good faith,2012 revised Civil Procedure Law has stipulated good faith principles as a basic principle of civil litigation. But unfortunately still not clearly defined that the parties and other participants in the proceedings have the obligation of stating truely.What is more, malicious conduct of the parties in the judicial practice were also not clearly defined. As a result, now we still can not do anything to malicious defenses behavior.Malicious defenses conduct of the parties, because of the inevitable dangers, should be regulated by means of legal norms.In the first part of this paper, the author start from two typical cases, summarizes the characteristics of malicious behaviors, and analyzes the concept of defense, by comparison with the definition of the concept of malicious defense of other scholars, the author presented her views.Then, the author give us a careful analysis of the constituent elements of malicious defense on this basis.In the second part of this paper, the author describes the overworked judgers’work and the arduous task of the court beared nowadays, and find out it fit the original meaning of the legal to regulate the behavior of malicious defense by analyzing the content of the specific provisions of the existing Civil Law. On the basis of the above content,there is a detailed analysis of the necessity of regulating defense malicious behavior. Only with a good suit order as the basis,we can make sure the trial court complete the task smoothly by the means of continuously improving judicial efficiency and accelerating judicial output.That meets the urgent need of regulating malicious defense conduct. Then, the author discusses in detail the theoretical basis of regulating malicious defense behaviors of the parties-the principle of good faith, analyzes the origin of the principle of good faith, meaning, value and performance in the form of civil action.In particular of 2012 amended the Civil Procedure Article 13 clearly stipulates the principle of good faith as the basic legal principles or civil proceaure law, that makes the parties malicious aerense regulation obtain legitimacy foundation.In the third part of this paper, the author analyzes legislationes on malicious defense behaviors in the typical countries or regions of common law system and the continental law system, expecting find a effective model of legal regulation for our country.In the last part of this paper, the author clearly defines the nature of the malicious defense act firstly. The author believes the behaviors of malicious defense and the obstructiones of civil actions have the same nature. Therefore, after analyzing the legislative norms in other countries, the author suggests we should adopt legal punishment and criminal sanctions mode based on the actual situation in China’s judicial practice. At last, after analyzing the present situation that the relevant provisions of country’s Civil Procedure Law do not suit to the needs of the punishing malicious defense behavior, the author points out that only to improve the appropriate of punishment measures,enhance operability sanctions, civil action can be achieved punish parties anomie behavior and the ultimate goal of establishing efficient and orderly proceedings can be achieved.