Research On Malicious Litigation In Civil Litigation

With the rapid development of China's social and economic, society of rule of law in the process is forward, at the same time, with the popularization of legal knowledge, people's legal awareness has increased, civil litigation cases, the occurrence frequency of gradually increased, the case also don't become complex, civil malicious lawsuit also emerge in endlessly, but the regulation on malicious prosecution also has been inconclusive, as a result, research on malicious litigation is very necessary. The paper is divided into four parts, in the article the first definition of Chinese scholars and practitioners of malicious litigation is discussed. After the analysis of the definition of the reason and give the author for the understanding and definition of malicious litigation. Then it makes a distinction between some concepts similar to that of malicious prosecution. Then the situation of the existing civil malicious litigation are analyzed, including malicious litigation of some main forms and be discussed with cases, and draw some characteristics of malicious litigation, malicious litigation has a strong social harm, I subsequently on malicious litigation and the causes are analyzed, from the two aspects of the objective environment of the group's subjective will and the rule of law were analyzed. Furthermore, through the comparison of foreign legal analysis, summed up the characteristics, and hope for China's existing civil malicious litigation situation, draw some inspiration can be from; article first carried on the analysis to the continental law system in some representative countries, then on the common law system, from two aspects of the substantive and procedural laws were analysis. Finally,for our country how to regulation of the Malicious Civil Prosecution in some of the ideas and thinking, how effective, reasonable construction regulation of malicious litigation laws and regulations, the author gives own comprehension and suggestion, in the social integrity and ethical system construction, from the legislative, law enforcement and judicial organs with the angle of legal regulation of malicious litigation.