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

With the deepening of the judicial reform and the popularization of the publicity of the legal system,there are more and more ways to remedy rights in China,and citizens' awareness of safeguarding their rights is gradually strengthened.The number of civil cases accepted by the court shows a sharp rise,which also exposes some litigants' fabrication of facts,fabrication of evidence and malicious prosecution.Acts of malicious civil litigation go against the principle of public order and good customs,infringe upon the legitimate rights and interests of others,result in unfair judgment results,disrupt the normal legal order,and is not conducive to the realization of the independent value of civil proceedings.Therefore,it is imperative to clarify the basic concept and behavior means of civil malicious litigation and construct the procedural law system of civil malicious litigation.The research on the problem of civil malicious litigation in this paper includes the following four parts:The first part,based on the reality,sorts out the current research status of China's academia on malicious civil litigation,including research content and research focus,and explains that China has not formed a unified judgment on malicious civil litigation.Secondly,it analyzes the relevant provisions on malicious litigation in China's civil procedure law and other laws.In terms of the behavior subject and specific manifestation of malicious litigation,the current provisions in China's civil procedure law are a little thin,not very specific,and the procedural regulation of malicious litigation is facing difficulties.The second part puts forward how to define the civil action,in the interpretation of "malicious collusion" to expand,on the basis of through the legal analysis,put forward creatively the uncertainty of the scientific and rational concept of specific legal interpretation methods to define the civil malicious prosecution,and further build the concept of generalized with list type structure,put forward the civil action in accordance with the actor in the dominant position of litigation divided into: one party malicious litigation;The party concerned colludes with others in bad faith;Both parties of false litigation,and the type of analysis.The third part from the regulation of the principle of malicious civil litigation height,clear should set up the principle of honesty and trustworthiness,the principle of participation in the process,the principle of inspection and supervision,the three principles of the main constraints include the parties and the third party,judicial personnel.As one of the important principles of civil procedure law,the principle of good faith should be carried out in the whole process of litigation.Although the principle of procedural participation is not stipulated in the civil procedure law,it isthe requirement of due process to maintain the right of procedural participation.Inspection and supervision,as the external supervision,is the guarantee of judicial justice.The fourth part focuses on the civil malicious litigation regulation measures.In view of the existing problems in the civil malicious litigation,starting from the existing system design of the civil litigation procedure,this paper puts forward Suggestions to improve the case registration system and the pre-trial meeting system,and requires that the initiative of judges in the trial process should be improved,attention should be paid to the details of the trial,and malicious litigation behaviors should be identified and prevented in time.In addition,we should strengthen the sense of responsibility for procedural violations,build China's civil litigation liability system,and establish a feedback mechanism for malicious litigation cases,so as to put forward constructive Suggestions on the procedural regulation of civil malicious litigation and safeguard the realization of citizens' legitimate rights and interests.