| Regarding the concept of civil malicious action,different countries have different relevant laws and regulations,some countries and regions have listed the forms and ways of civil malicious action one by one through legal provisions,but there are some improprieties in the ways and techniques of the legislative provisions,in contrast,we need a kind of abstract generality of the concept of the nature of malicious litigation and other aspects of the concept of conceptual provisions,the analysis shows that the civil malice lawsuit refers to the lawsuit in which one party or both parties collude maliciously and abuse the proceedings to damage the legitimate rights and interests of the other party or the third party or the national interests or the public interests of the society instead of protecting the rights and interests they enjoy according to law.Then through enumerating and classifying the possible forms of civil malicious action common in practice,the civil malicious action is divided into three categories: collusive malicious action without evidence,malicious action and abuse of rights malicious action.Through sorting out the relevant legal provisions of civil malicious action,grasping the current situation of the legal provisions of civil malicious action,and finding the problems existing in the current legal provisions.There are two main reasons for the emergence of civil malicious litigation.One is that the provisions of substantive review are cancelled in the filing stage.Although the implementation of the filing registration system provides a guarantee for the implementation of the litigation rights of the parties,it also provides space for the parties to abuse the right of action to conduct civil malicious litigation.Moreover,because the court no longer conducts substantive review,it is difficult to identify the false and malicious litigation actions that abuse the right of action in the first stage of litigation.The second is the mediation system,the parties to malicious collusion through collusion to reach a certain agreement,but also for the occurrence of civil malicious litigation provides the institutional soil.The legal regulation of civil malice lawsuit mainly has the following dilemma: firstly,the scope of civil malicious action is narrow.The current laws only fix and regulate the forms and behaviors of part of collusive malicious action in legislation,but they do not comprehensively summarize the types of civil malicious action;secondly,the cost of civil malicious litigation is low.First of all,the cost of malicious litigation is low.Secondly,the method of punishment is single;the thirdly,it is difficult to remedy the victims of civil malicious action,it is mainly manifested in two aspects: the lack of reasons for civil malicious victims to seek judicial relief,which leads to no way to Sue and judicial chaos;the lack of response to the identification of malicious litigation behavior in malicious litigation,which makes the victims’ relief difficultIn view of the above predicament,the civil malice lawsuit system should be perfected from the following points: first of all,expand the scope of civil malicious action legislatively,expand the scope of the collusive malicious action subject,absorb the abuse of power malicious action and malicious action without evidence;secondly,increase the cost of civil malice litigant;finally,explore the establishment of civil malicious action of the victim compensation for damage,increase the cause of the damage liability dispute due to malicious action,the expected interests should be included in the scope of compensation,for the civil malicious action of the scope of malicious intent should be limited to,not including negligence. |
