Research On The Tort Liability Of Civil Malicious Litigation

Civil malicious litigation which essence is a kind of infringement is increasingly severe.Driven by ulterior motives,the illegal elements create false legal civil facts and sue the court for attempts to obtain false judgment or abuse litigation rights for pursuing the unlawful purpose out of litigation.Civil malicious litigation is not only detrimental to the judicial authority and the course of justice but also infringe the legal rights of other people.Although civil malicious litigation is regulated as a type of infringement by lawmakers In the course of drafting the civil code,the tort liability law which was adopted by the National People's Congress eventually excluded the provisions.Legislation of civil malicious litigation in China is mainly in the level of procedural law and the legislation in the level of substantive is primarily from the field of intellectual property law.However,compared with the rapid development of society,it is difficult to protect the interests of the victims under the limitation of procedural law.This paper is not only analyzing the concept and types of civil malicious litigation,constitutive requirements,imputation principle,legal liability,etc.,but also citing the cases of civil malicious litigation in the typical form in order to further clarify the scope of civil malicious litigation,which is an innovation.Based on the research of civil malicious litigation,this paper appeal to the enforcement of the regulation of procedural law to civil malicious litigation tort by containing malicious litigation to civil tort liability law to build the mechanism of prevention and compensation so that the lawful rights and interests of the parties can be protected,which will make a great contribution to the contribution of socialist legal society.