Identification And Regulation Of Malicious Action

Regulation of malicious prosecution much attention, many scholars and judicial workers have put forward their opinions and views on this issue. As China gradually to suit the social development, malicious prosecution showing a rising trend in the number of cases, more serious problems has appeared within judicial practice in China’s courts, seriously interfere with the normal trial order, affecting the credibility of the judiciary, a waste of judicial resources. With the introduction of the newly revised "Civil Law", Malicious litigation has officially been incorporated into the scope of legal regulation.At present, the judicial practice, the phenomenon of malicious prosecution exhibit worse. Therefore, the current judicial practice how to regulate civil malicious prosecution has become an urgent problem. Although China’s "Civil Law" 112 and 113 provides for malicious collusion type of legal action and sanctions, 56 third person requiring revocation of the complaint remedy about the type of litigation, which called malicious collusion. But this subtle and vicious act of judicial litigation practice diversity and complexity of features, the three newly added the lack of specific provisions, cause it can not also be punished, remedy and to prevent capabilities, it might be not easy to form civil sanctions and criminal sanctions system, also, substantive and procedural sanctions system regulations will be difficult to deal, too. So, from a few typical cases proceed through the induction of specific cases which reflected the focus of controversy and problems, on this basis, revealing the plight of legal regulation of malicious prosecution and malicious prosecution analyze difficult to identify the reasons put forward improve the legal regulation of malicious prosecution suggestions. This paper is divided into five parts:The first part mainly introduces three typical cases of malicious litigation, which defines the scope of the study.The second part is the analysis of the case, the definition of the concept, scope and performance of malicious litigation.The third part mainly puts forward the problems reflected in the typical case, including the absence of malicious prosecution in practice is difficult to identify, legislation and judicial practice of malicious litigation effectiveness of regulation is not obvious and so on three aspect refers to produce problems faced by the legal regulation of malicious prosecution in China.The fourth part is mainly from the typical case of the problem, the analysis of its. Not only explores the theoretical basis of regulation of malicious prosecution, also discusses the typical case showed, malicious litigation has both and fraudulent concealment, also has the complexity and judicial activities encounter malicious litigation the passive analysis practice malicious litigation consciousness not difficult. In the fifth part, the suggestions on the problems of the regulation of malicious litigation in the case of the case are presented. Put forward to countermeasures to perfect the regulation system of China’s malicious lawsuit from the three aspects: to establish the recognition mechanism of the malicious lawsuit, perfect the legislation of malicious litigation and improve program regulation on malicious litigation and other.