Research On Legal Regulation Of Civil Malicious Litigation

The fundamental purpose of civil litigation is to resolve disputes and protect citizens’ legitimate rights and interests.But in practice,some people have deviated from their own goals.Although he knew that he had no proper facts and reasons,he still chose to take advantage of his litigation rights and bring a lawsuit with subjective malice to seek illegitimate interests.It not only violates the human rights of others and violates the principle of honesty and credit,but also loses the basic moral quality.At present,this kind of situation is called civil malicious litigation.According to the data,the number of civil malicious lawsuits is also on the rise year by year.The law is our umbrella,but the law is lagging behind and limited.Of course,the theory circle of our country has also had a long discussion on the civil malicious lawsuit behavior.The civil malicious lawsuit behavior person challenges the seriousness of the law again and again and promotes the new "Civil Procedure Law" to some extent.China’s "Civil Procedure Law" was amended in 2012,adding provisions on regulating civil malicious litigation.The Civil Procedure Law also issued relevant judicial interpretations in 2015;In addition,the Criminal Law Amendment(IX)issued in August of the same year added the crime of "false litigation" to regulate the abuse of litigation rights.Therefore,it is not difficult to see that both legislation and judicial practice are making efforts to regulate civil malicious litigation.However,the regulation of civil malicious litigation cannot only rely on a certain law,and can only be regulated more effectively by combining various parties and making all efforts to crack down on the act.Looking at relevant cases and judicial practice,there are still many problems that need to be studied and solved.In order to better discover the relevant problems existing in civil malicious litigation,on this basis,this paper attempts to combine the current research difficulties in judicial practice with the types of civil malicious litigation cases,the reasons for the increase in the number of cases,and the losses caused by their infringement,and puts forward some suggestions on the relevant issues of regulation.This article mainly discusses the concept of civil malicious litigation and its regulation from three parts.First of all,the first part first defines the concept of civilmalicious litigation,then conducts regulatory research on the premise of understanding the civil malicious litigation,and discusses the origin and basic concepts of the word "malicious litigation" in combination with the current research situation in academic circles and relevant legal provisions.At the same time,this chapter also makes an integrated statistical analysis of the main types of cases.Through the phenomenon and essence,it is found that there are certain research significance in the regional distribution and jurisdiction of civil malicious litigation.Here,it makes an enumeration and explanation,and summarizes and analyzes the difficulties in identifying civil malicious litigation and the corresponding reasons.The second part mainly combs the legislative regulation and summarizes some problems existing in the current legal regulation of civil malicious litigation.Combining theory with practice,the second half of this chapter includes the practice of the legal regulation of civil malicious litigation,mainly including the lack of review in the filing stage,the lack of integrity,and the limitation of relief to victims,etc.to provide empirical and theoretical basis for the legal regulation of civil malicious litigation in the third chapter of this article.Finally,the third chapter is the summary and focus of the whole article.It mainly combines the main types and distribution of civil malicious litigation mentioned above,and puts forward suggestions for further thinking and improvement of legal regulation.Mainly from raising illegal costs,establishing multiple protections for victims of civil malicious litigation,and strengthening legal education and integrity guidance.From the filing and examination at the filing stage,to the compensation for the victims’ losses,and the difficulty in implementing the right of good faith to exercise the right of appeal,these defects and problems are discussed.And through the above points out the shortcomings of our country’s laws on malicious litigation regulation,combined with the problem consciousness to put forward constructive suggestions on the legal regulation of malicious litigation.For example,at the level of substantive law,it is necessary to perfect the specific compensation of the relevant victims and the compensation for tortious acts,and it is also necessary to specify the identification of civil malicious litigation and the types of acts so as to facilitate investigators to deal with problems in practice.In the aspect of procedural law,we can perfect the provisions on the qualifiedsubject of the third party’s revocation behavior,and can also give the opposite party of malicious litigation the right to counterclaim,and through the comparative analysis and research of putting forward relevant countermeasures and suggestions on legal regulation.Regulation of any one phenomenon,it takes a certain time to perfect and perfect the law,and so does the regulation of civil malicious litigation.It is gratifying that the regulation of malicious litigation has been paid attention to in the fields of "Civil Procedure Law" and criminal law,which makes the regulation on this issue have made historic progress.It is expected to establish and perfect the legal prevention,accurate identification and supervision system of civil malicious litigation as soon as possible.I hope it can play a subtle role in the research and regulation of this problem.