Research On The Legal Regulation Of The Malicious Civil Procedure

The2012year, people pay more attention and hot debate event is the "CivilProcedure Law" amendment, the amendment increased the honest credit principle,public interest litigation, withdraw of the third person and the malicious civil actionand some new rules. One of the most attract sb.’s attention is specified, the maliciouscivil prosecutions in recent years, with the frequent occurrence of the malicious civilprosecution, serious damage to the legitimate interests of the parties and the nationaljudicial authority, therefore, it is necessary to make legal regulation on it. In ourcountry, the frequent occurrence of the malicious civil prosecution, the relevant legalsystem and our country is not perfect, the lack of social public integrity, cause andjudicial corruption and many other social factors. This paper argues that, only byconstantly improve the legal system, related for example, establishment of acompensation system, additional criminal charges, the establishment of third peoplethe right to relief program, and gradually establish a credit system of the wholesociety, can the malicious civil action to get effective regulation.This paper is divided into four parts, the first part is an overview of the maliciouscivil action, through the concept of the case in the judicial practice leads to themalicious civil prosecution, then further analysis the malicious civil action elements,described in and outside the legal provisions of the malicious civil action, and thecomparison of civil malicious litigation and false litigation, litigation fraud and theabuse of litigious right and other related concepts; the second part from the twoaspects of the legal system and social factors of the causes of the malicious civilaction are analyzed; the third part is from the substantive law of the malicious civilaction in the regulation, for example, by constituting a special tort liability, theestablishment of the corresponding compensation system, whether will it into thepunishment the fourth part is from the procedural law; on the malicious civil action toregulate, for example, Through the standard procedure behavior, improve the thirdperson of benefit protection degree and improve the litigation supervisionmechanism.