Research On Regulations Of Malicious Litigation In Civil Cases

All the world is busy.Interests have always been the main cause of civil and commercial disputes.Once a dispute arises,a solution needs to be found.Justice is the last line of defense to protect people’s interests.With the general improvement of people’s legal awareness,The thought of weariness of litigation has been gradually weakened,and people no longer exclude litigation to resolve disputes.At the same time,China has introduced a number of measures to encourage people to use legal methods to resolve disputes.For example,reforming the case filing system will no longer carry out substantive examination of case filing materials,and strive to ensure that the court can "put a case on file." At the same time,some people find "business opportunities" in them,and they think of using litigation to achieve their goals.Malicious litigation is the most typical phenomenon."The law must be believed,or else it will be in vain." Once the authority of the law ceases,social order will suffer unimaginable damage.The number of malicious litigation cases has grown rapidly in recent years,and the regulation of malicious litigation is still insufficient.Therefore,this article takes this as the research object.This article specifically discusses from the following five aspects:First,the introduction of civil malicious litigation cases and questions.The first part briefly introduces two cases.The second part discusses these two cases and summarizes the more common problems that the judges handle in civil malpractice cases in the practice reflected in the judgment documents.Second,the overview of malicious litigation in civil cases is divided into two parts.The first part defines the connotation of malicious litigation.Malicious lawsuit is a foreign concept.The law does not clearly define the meaning of malicious lawsuit,and there is no unified concept in the academic and practical circles.By comparing the various theories,the author has clarified the connotation and manifestation of malicious lawsuit.Similar concepts "false litigation" and "litigation fraud" have been analyzed to make their meanings clearer.The second part discusses the criteria for determining a malicious lawsuit.Identifying and deciding malicious lawsuits is a difficult problem.This article classifies malicious lawsuits as torts.From the perspective of tort law,a detailed analysis of the subjective elements,objective elements,damage consequences,and causality of malicious lawsuits is made.Third,the current status and specific problems of malicious litigation regulation in civil cases in China.It is divided into two parts.The first part summarizes the legal regulations and judicial status of malicious litigation in China;the second part mainly analyzes the specific problems that exist at present,such as the lack of clear regulations on malicious litigation in the substantive law,the existing civil Litigation rules and systems are not perfect enough to restrict malicious litigation.Fourth,The investigation of foreign law and its enlightenment to China are divided into two parts.The first part introduces the regulation of malicious litigation in Germany,France,Britain,the United States and other four countries,including substantive law and procedural law.The second part is about the significance of reference to China.Germany and France belong to civil law countries,and Britain and the United States belong to common law countries,although they have different legal origins from China,they have a long history of malicious litigation research and the system is relatively complete.We can learn from their advanced experience,such as combining substantive law and procedural law,two-pronged approach to jointly regulate malicious litigation,and then attach importance to the role of lawyers in malicious litigation cases.Fifth,suggestions on improving the regulation of malicious litigation in civil cases in China.Including four parts,through the problems that still exist in the legislative level of our country,as well as the absorption of advanced experience from outside the region,this article puts forward four suggestions:to incorporate malicious litigation into the Tort Liability Law and clarify the perpetrators and related persons Tort liability;improve the review of evidence in trial activities,such as strengthening the review of evidence;improve the third-party revocation litigation system;improve the review and supervision of the results of mediation.