Research On Legal Regulation Of Civil Malicious Litigation

With the rapid process of China's legal system and the increasingly fierce market competition,which stimulate people's strong awareness of rights,our country has entered a era of unprecedented awareness of rights.At the same time,with the phenomenon of some malicious litigation is increasing,which wastes seriously our limited judicial resources in our country,challenges the authority of the judiciary and destroys the rights of others or public interests.Therefore,it is.necessary to prevent and regulate the behavior of malicious litigation.In recent years,academic circles and judicial practice make a lot of efforts on this issue and achieve some results of.Some relevant provisions from "Civil Procedure Law" and "criminal law amendment nine" newly revised in 2012 have made regulations on the behavior of malicious litigation from perspective of the basic principles,punitive measures,relief measures and criminal sanctions.But these theories and practical experience are not mature enough to deal with complex and difficult cases.Therefore,this paper will study the legal regulation of civil malicious litigation,hoping for make some contributions to establishment and consummation of the legal regulation of China's civil malicious litigation system.This paper is divided into four parts: the first chapter mainly elaborates the connotation of civil malicious litigation,characteristics of malicious litigation,the analysis of the types of malicious litigation in practice to get the concept of the civil malicious litigation and pave the way for the following discussion.The second chapter mainly discusses the feasibility and necessity of the legal regulation of the malicious civil litigation and points out the social harmfulness of malicious litigation,as well as discusses the feasibility of legal regulation from the support of the theory of laws,drawing lessons from foreign legislative practice and judicial practice in China.The third chapter mainly analyzes the practical situation of the legal regulation of the Malicious Civil Prosecution in China,and points out the problems of malicious litigation legal regulation system,so as to provide ideas for perfecting the legal regulation of China's civil malicious litigation.In the fourth chapter,the author puts forward suggestions and countermeasures to related problems and defects in China's current legal regulation of malicious litigation system.Besides the author mainly elaborates that the civil malicious litigation legal regulation system should establish and perfect laws and regulations in the procedure of laws,legal entity and civil procuratorial supervision and other aspects,and puts forward specific measures and suggestions to curb China's civil malicious litigation,so as to solve malicious litigation better.