Malicious Litigation And Regulation In Real Estate Transaction

Since the 1980 s,China's housing commercialization time is only more than 30 years.On the one hand,with the rapid economic growth,people's demand for commercial housing increases;On the other hand,due to the shortage of land for urban housing construction,the housing shortage is in short supply.A variety of factors have caused the heating up of the real estate market.This phenomenon has given rise to some illegal behaviors.Some lawbreakers attempt to use the legal form of justice to cover up the illegal purpose of malicious lawsuits frequently appear in the real estate transactions.The actor sues the court by means of colluding with the counterpart,fabricating relevant facts and so on,in an attempt to obtain the illegal interests of the real estate through the judgment of the court,or to evade certain specific obligations,which is the malicious litigation behavior in the real estate transaction.Malicious litigation in real estate transactions not only directly damages the legal rights of the people concerned,but also disturbs the market order and wastes judicial resources.This phenomenon has aroused social concern and criticism.As China's real estate transaction system and related legal system is not perfect,there are inevitably some problems in the process of real estate transaction.In recent years,the irrational rise of housing prices in major cities in China has led to certain risks and loopholes in real estate transactions.Lawbreakers attempt to use these loopholes for malicious litigation to achieve their illegal purposes.At present,there are legal provisions on malicious litigation in real estate transactions in China,But these legal provisions are mostly in the principle stage,covering a wide range and not strong pertinence.Due to the constant renovation of the forms of such malicious litigation cases,China has not yet unified the basic concept of malicious litigation in real estate transactions,making it difficult for judges to directly apply the existing legal provisions in judicial practice.This article will focus on recent years in the field of real estate transactions of malicious litigation,with typical cases as the breakthrough point,study the concept of malicious litigation in property transactions,nature,characteristics,causes,harm,etc.,through literature research,comparative analysis,case analysis and other research methods,contact our country actual situation,through the comparison with foreign related field,analysis summary action of real property transactions in a different form of expression,on this basis to analyze the types of malicious prosecution in property transactions,from the Angle of legal certainty and unity of researches in property transactions of malicious litigation,Explore and perfect its regulation method.