The Law Regulation Of Civil Malicious Litigation

With the development of the socialist market economy in our country, the rule of law society increasingly construction, people’s rights consciousness also more and more strong, of the citizen’s right to have more security, lawsuit means the public aid force is favored. As a kind of legal procedure, it needs justice, good faith. However will play its positive role in litigation, the social credit is missing, the imperfection of the legal system and the absence of regulation system. Civil malicious litigation serious damage to one party or the civil rights of a third person, the great challenge of justice, the unnecessary waste of judicial resources. At present in our country the legislative stipulation to regulate civil malicious lawsuit behavior, has not yet formed complete and effective system of regulation. In judicial practice, because of the lack of specific detailed laws and regulations, the court of civil standard of malicious litigation is also each are not identical, the subjectivity of great randomness, causing a "different connection with the sentence" phenomenon. In view of the shortcomings and problems now, how to regulate civil action become a important topic, the new civil procedure law has been promulgated and clear rules of civil action, but how to define the civil action is still in dispute, also, regulate civil malicious lawsuit system is not perfect, study and establish the system of rules and regulations, and the related supporting system effectively applied to practice, is the top priority. This paper USES the literature study, empirical study and comparative study method, through a lot of reading literature, examples of analysis as well as to the scope of related regulations of exploration, finally on connotation and present situation of civil action after a precise analysis, more important is to determine the regulating action of civil action, so as to effectively curb the civil action, perfect the system of civil litigation in our country.This paper is divided into four most to explore the concept of civil action, the present situation and its regulation, national system:The first part is mainly about civil action has carried on the summary analysis, from the academic debate to find the meaning and characteristic of civil action, master its types, and through, false litigation and litigation fraud and abuse of litigation right of the similar concepts, more clear definition of civil action.The second part mainly discusses the current status, harm and the reasons of the our country civil action. The status of problem into legislation present situation and the judicial present situation, specific analysis of the defects of legislation and justice. After analysis hazard lies, emphasis on the causes, thus realize the harmfulness and why rush to regulate civil malicious lawsuit.The third part is mainly to investigate foreign regulating action of civil legislation and judicial practice, the abstraction of the inductive on civil action existing research results and compared to draw lessons from other countries and regions on the basis of relevant legislative system and combined with Chinese actual conditions, identify which is worth reference.The fourth part discusses from the civil tort of malicious lawsuit qualitative as well as the corresponding tort liability, and judicial review, legal guarantee, litigation mediation,evidence exchange,and checking and supervision system, multidimensional for effective regulation of civil action put forward some proposals. Main Suggestions are put forward according to the reality in our country,In this article, through the four parts of civil action and its regulation system is analyzed and discussed, hoping to perfect our country civil action regulation system.