The Study Of Tort Liability Of Malicious Civil Litigation

In the tort law of Anglo American law system,malicious litigation is the infringement lawsuit to request for damages. In the Tort law of the continental law system malicious prosecution is also belonging to the category of malicious litigation. Since entering the social that constructed the rule of law in China, the legal awareness of citizens is enhance, and people who want use of litigation maliciously to obtain illegal benefits gradually appeared. These actions brought heavy burden to the victim on the economy, spirit and reputation. From a historical point of view, malicious litigation appeared in the Rome law for the first time. In the contemporary era this behavior is still interested scholars. The fundamental reason is that malicious civil litigation is in the violation of the basic principles of the civil law. It is the action that lacking of honesty and credit belonging to the field of civil litigation. Although the scholars did not reach an agreement about the malicious litigation content, but the study value of the malicious civil litigation.The behavior is the destruction of the judicial order and wasting of the precious judicial resources. It shall be regulated.The object of study of this paper is malicious civil litigation tort, it refers to the action occur in the field of civil litigation and assume the tort liability. In particular, Participants in the proceedings want to disturb the justice of judges, by doing or not the civil proceeding rights or obligations, in order to obtain illegal benefits or obstruct others deserve interests. Its behavior should include the malicious prosecution, abuse of procedural rights, to avoid civil obligation. Appearing in the field of civil litigation means that the malicious prosecution is different from tort and malicious litigation behavior. This paper is divided into three parts. First of all, figuring out the content by the comparison with similar concepts and analysis of the elements; secondly, analysis the elements of tort liability of malicious civil litigation that an act of tort should have; finally, analysis of specific responsibility undertakes of tort liability of malicious civil litigation, improve the construction of the tort liability system.This paper will use the legal research methods of empirical analysis and logical reasoning. Construct the logical structure of malicious civil litigation, using the traditional mode of precise guidance system, analysis the specific content of the malicious civil tort liability system.