Research On The Procedure Regulation Of Civil Malicious Litigation

In the modern society, people are increasingly using legal means to solve disputes and protecting the legitimate rights and interests. With the number of civil litigation increasing rapidly, more and more malicious civil cases are appearing. Civil malicious litigation is the result of the alienated litigation’s function and is the opposite of the rule of law spirit. It is particularly important to regulate the civil malicious litigation. Civil malicious litigation is the problem in the civil trial practice,therefore to find solutions in the program is the most direct and effective means. At present, however, the definition of civil malicious litigation is controversial in theory and practice, and the procedure regulation of it is backward. There are many needs to be perfected on the legislative and judicial field. In this paper, based on a primary research on civil malicious litigation in theory, we can clear the necessity of the procedural law regulation. Combined with the defects in our present stage, put forward some suggestions to perfect the procedural law regulation of civil malicious litigation. In order that we can regulate the civil malicious litigation more effective,promote the civil procedure system and develop the rule of law in China.