On The Regulation Of Malicious Litigation

The current civil procedure law writes that based on guarantee civil liberties,exercise their litigation rights in accordance way and avoid the abuse of procedural rights to regulate the behaviors of malicious prosecution.The conception of malicious collusion means two parties make the false facts attempt to through litigation,mediation and other legal procedures to infringe the rights and interests of others.But it's a definition of the malicious lawsuit that one party conspires with judges,witnesses,appraiser,expert assistant,court,clerk,translator,operational staff or civil litigation agent to damage the interests or title of citizen.It is also a way to abuse their rights that one party conceal or counterfeit circumstances of a case or make evidences to achieve unlawful purposes.Thus,the scope of malicious is narrow,which is not conducive to the realization of the abuse of procedural rights or the improvement of judicial credibility.To achieve the purpose of restricting the abuse of litigious rights,improving the credibility of the judiciary and avoiding the waste of judicial resources,the method contains malicious action,evasion jurisdiction,the party and the judge or participants in the proceedings of malicious collusion all along to the malicious lawsuit.Regulating malicious prosecution is a constraint for citizens to exercise their litigation rights,namely the use of private rights in accordance approach.The purpose of public power is protect the rights.Therefore,the scope of the power should be limited,such as proof that beyond a reasonable doubt and the proposer must provide guarantees and the applicant who is recognized as malicious litigant by the court have the right to protect their rights to limitation on the regulation of malicious litigation.For the actual damage caused by the malicious litigation the low compensate for the losses,eliminate the influence or rehabilitate one's reputation.If the process be increased,the judicial staff should inform the consequences obligation to reduce malicious litigation into the program.Fines,detention and other procedures of malicious actor should be detailed.The lawyer who helps the parties malicious lawsuit,his lawyer's practice certificate will be deprived.In the end,the paper puts forward a proposal that a provisions to affect daily production and life of dishonest people.