Analysis Of The Civil Liability Of Malicious Litigation

In recent years,the number of cases involving malicious litigation has been high,and malicious action not only damages the lofty judicial authority,wastes the scarce judicial resources,but also seriously damages the personal and property rights and interests of others.However,in judicial practice,malicious litigation behavior is repeatedly banned,and malicious litigation is still an urgent problem to be solved in judicial practice.Specifically,malicious litigation is not easy to identify,malware litigation and false litigation,misuse of litigation and other similar concepts are confused,the responsibility of malicious litigation is unknown.The problem is true.The object of this study is malicious litigation,and the field of malicious litigation responsibility is very extensive,including civil,administrative,criminal litigation and other fields.This article only studies the problem of malicious litigation in the field of civil litigation.In this paper,the basic problems of malicious litigation are analyzed by means of comparative method,historical investigation method and empirical research method,and the civil liability of malicious litigation in China is studied.The study of this article focuses on the analysis of the civil liability of malicious litigation.There is little concern about the problem of malicious litigation in our substantive law.The theorists have not reached a consensus on the constitution,the nature of the behavior and the liability for malicious litigation.The author takes the Civil Liability Analysis of malicious litigation as a breakthrough point.Solve the above problems.The full text is divided into four parts: the first part is about the practice cases of malicious litigation.In this section,through the reference of three typical cases of malicious litigation,the theme of malicious litigation discussed in this paper;the second part,a summary of malicious litigation.In this part,we use the method of comparative analysis to define the concept of malicious litigation,summarize the characteristics of malicious litigation,and distinguish between malicious litigation and similar concepts;the third part,the qualitative analysis of malicious action and its civil liability.First of all,the nature of malicious litigation is analyzed.Its nature is complex and diverse,and its essential attribute is unique and core.Secondly,it analyzes the nature of the civil liability of malicious litigation;the fourth part is the analysis of the civil liability of malicious litigation.From the perspective of substantive law,from the perspective of judicial practice,we discuss several typical problems of malicious litigation in the aspect of civil liability.