Research On The Types Of The Civil Malicious Action

In 2012, the amendment of civil procedural law introduced the malicious action for the first time. However, the legislation is too deficient and theoretically there is no consensus on the connotation, extension, constitutive requirements and specific types of malicious action, leading to the dilemma in cognizance and accountability of responsibility of the civil malicious action in judicial practice. The author believes that the study on the civil malicious action from the perspective of type can solve the above problems.Part one is an overview of the typeresearchon civil malicious action. In this part, based on the understanding of scholars and judicial practice to the civil malicious action, it analyses the nature of the civil malicious action so as to define the concept of it. Then, it makes an analysis of the nature of civil malicious action that it is a dual illegalaction. Finally, it discusses the relationship among the types of malicious action, typification and the civil malicious action.Part two is the necessity of the types of civil malicious action. In this part, it mainly discusses the necessity of the types of civil malicious action from three aspects:the plight of judicial practice, the defects of the legislation and the deficiency of the theoretical research.Part three is the standards for the classification of the types of civil malicious action. First of all, it puts forward the premise condition of determining the division of civil malicious action, appropriately covering the scope of the civil malicious action and protecting the rights of litigation by restricting the extension of civil malicious action. Secondly, it puts forward the standards of dividing the types of the civil malicious action respectively from the prospective of right of action and manifestation of behavior.Part four is the specific types of civil malicious action. According to whether the party has the right of action, civil malicious action is divided into false litigation and abuse of right; on the other hand, according to the manifestation of behavior, the paper makes detailed analysis on specific types of civil malicious action. At the same time, the paper makes the exclusion for the trivial litigation and negligence of the act in judicial practice.Part five is the function and value of the study on the types of malicious action to legal system:firstly the impact on defining the concept; secondly, the legislative value of improving the civil malicious action; finally, the suggestions on improving the problems in judicial system.