Rule On The Malicious Prosecution

With the augmentation of the people’s legal consciousness,the way to solve the disputes through litigation,to maintain their legitimate rights and interests of concept already more and more accepted by people.Meanwhile,rapid economic development of society and facing unprecedented credit crisis,the crisis has also permeated in the judicial field.So in today’s society,some of the abuse of litigation right is in order to achieve the illegal purpose,which is the typical form of malicious lawsuit.The spread of malicious litigation,not only with the civil action had set the run counter to check for value orientation of dispute,make the function of litigation dissimilation has happened,let the court became or infringes on the rights and interests of the state,and reduces the judicial credibility,destroyed the lawsuit due to order.To curb malicious litigation in judicial practice,academic circles and the judicial authority also have carried on the system and the operational aspects of attempts,but have been unable to reach a consensus on the issue.New civil procedure law shows that China’s legislature attaches great importance to the problem of malicious litigation,and formulate the relevant provisions of regulations.New terms and conditions set by the background,these terms will be how to work,we will how to improve the supporting measures,in the legislation of the civil procedure law and how will the civil substantive law,criminal law related provision photograph echo,form a system of regulation of malicious litigation,the judicial organs shall be how to make these laws and regulations and reasonable operation,is the content of this paper will discuss.This article includes introduction,text and epilogue three parts.Among them,the text includes five parts:Part Ⅰ:definition of malicious litigation.This part first introduced the common law countries,and other civil law countries to define the concept of malicious litigation,then lists the present academic definition of the concept on malicious litigation in our country.Identified on this basis,through the analysis in this paper,the defining the concept of malicious litigation,i.e.,the litigation of the parties in order to benefit and the abuse of litigation,knowing that no legal litigation reason deliberately fictional legal relationship and legal facts filed a lawsuit to the court.Then they are compared with the similar concept,so as to avoid confusion.Part Ⅱ:the components of malicious litigation.Action,in order to accurately identify a concept is established in the above basis,this section analyses the constitutive requirements of the malicious lawsuit behavior,namely:the subjective intention,prosecute illegal behavior and injury consequence caused due to unlawful prosecution.Part Ⅲ:the common types and characteristic of malicious lawsuit.Typed analysis in this section will be malicious litigation,can correctly understand the feature of different civil malicious lawsuit and modes,so as to effectively prevent and combat.Direct purpose,in this paper,according to the malicious lawsuit behavior person common civil malicious litigation can be divided into two types:defraud litigation results and pursue litigation outside effect,and also introduces the common case occurrence area.Among them the former can be divided into diddle documents with damage the interests of an outsider,diddle legal documents in order to damage the interests of the state or national legal obligation,defraud,damage the interests of the defendants legal document that three types of malicious litigation.The latter can be divided into self hype and bring each other reputation damage or negative tired,two types of litigation.Part Ⅳ:the paper analyzes the causes of malicious litigation.To a target of malicious litigation rules and regulations,this part analyzes the cause of malicious litigation.First,in today’s China society lack of integrity;Secondly,in view of the malicious litigation,civil substantive law and the civil procedural law and criminal law in our country’s legislation defects;Thirdly,there are also drawbacks in the operation of the judicial.Part Ⅴ:the malicious lawsuit prevention advice.According to the characteristics of the earlier on malicious litigation and genetic analysis,this part puts forward some Suggestions on malicious litigation to prevent.First of all is to improve relevant legislation,including substantive law and procedural law two aspects;The second is to standardize judicial operation,ensure the implementation of the law;Finally is to build a new case for integrity commitment system,guide citizens to support fair and justice.