A Study On The Legal Regulation Of Malicious Civil Litigation In China

Because the socialist legal system of our country isn't perfect and the concept of honesty and credit of citizens is not deep,the law is liable to be illegally used by people who have an ulterior motive.In order to harm the legitimate interests of others or seek illegal interests for themselves,they bring civil proceedings in due process.In addition to damaging the rights and interests of others,malicious litigation will seriously waste our limited judicial resources,undermine the authority of the law and the credibility of the judiciary.Therefore,it is of great significance to regulate the malicious civil litigation.In recent years,the phenomenon of civil malicious litigation has occurred in the judicial practice,and the legal provisions on the regulation of this phenomenon are mainly concentrated in the procedural law.The newly revised civil procedure law introduces the word "malicious litigation" for the first time,which makes up for the blank of the former malware litigation system in the civil procedure system.Litigation cases are characterized by complexity,variety and concealment.It is difficult for the court to solve this problem effectively when hearing this case.At present,there are still many problems in the legal regulation of civil malicious litigation in China.For example,the criminal law of malicious civil litigation content is not comprehensive,the tort liability law does notrecognize it as an act of tort,the scope of the civil procedure law is too narrow,the civil malice lawsuit pretrial procedure is missing,the procuratorial supervision system is not perfect,and the third party cancels the lawsuit system is not perfect and so on.In order to better regulate the malicious civil litigation,we can learn from the advanced experience of foreign legal regulation of civil malicious litigation and combine the actual situation of our country.To improve the legal regulation of civil malicious litigation in China,such as strengthening the regulation of the civil malicious action in criminal legislation,confirming the tort nature of the civil malicious lawsuit,expanding the scope of the regulation of the civil lawsuit law,and strengthening the court's prior examination of the civil malicious lawsuit.Improve the procuratorial supervision system and improve the third party to withdraw the system of action.