Research On Civil Malicious Litigation And Its Regulation

At present,civil malicious litigation cases occur frequently in the field of civil litigation in our country.The litigants of malicious civil litigation want to infringe upon the legitimate rights of others by means of litigation.This kind of behavior not only deviates from the principle of good faith,but also destroys the normal litigation order.The increase of civil malicious litigation cases has also attracted the attention of the legal circle,and the judicial circles of our country have begun to restrain it.Although there are some certain restrictions on civil malicious litigation in Chinese Civil Procedure Law,the theoretical circle of our country has not formed a unified view on the concept of civil malicious litigation and the standards in practice are very different.Therefore,to clarify the concept of civil malicious litigation and build a specific regulatory system is the issue that the judicial community should pay attention to,and this is the most important thing to deal with the current development.The civil malicious action mentioned in this article means that the parties have a deliberate state of mind,and they violate the purpose of the action.They bring a civil action without reasonable reason and factual basis,and take the lawsuit as a means to infringe upon the legitimate rights and interests of the state,the collective and others.Through the filing of the lawsuit to withdraw the lawsuit,litigation mediation,adjudication and other different ways to close the case,they pursue illegal interests or make others suffer property and spiritual losses.In this paper,civil malicious litigation and its regulation are divided into four parts.The first part gives a brief overview of civil malicious litigation.Firstly it clarifies the basic concept of civil malicious litigation,and then compares and analyzes the two similar concepts of civil malicious litigation,such as abuse of litigation rights and false litigation,and finally describes the specific forms of civil malicious litigation to make an in-depth analysis of the nature of civil malicious litigation.The second part mainly discusses the necessity of the regulation of civil malicious litigation in our country.Then analyzes the current situation of the development of civil malicious litigation in China from the current situation of legislation and practice.Through the analysis of the current situation of our country,this paper points out the deficiencies in the regulation of civil malicious litigation in our country.The third part understands and analyzes the relevant provisions of civil malicious litigation in foreign countries,so as to enlighten the way of regulating civil malicious litigation in our country.The fourth part is to put forward reasonable suggestions for our country to improve the system of civil malicious litigation.The basic idea of curbing civil malicious litigation in our country is to regulate civil malicious litigation from three aspects: prevention,obstruction and relief,and put forward reasonable suggestions.The problem of civil malicious litigation is a key project that urgently needs to be solved in the governance of the rule of law in our country.I hope that through the analysis of civil malicious litigation in this paper,people can understand civil malicious litigation more clearly and objectively and pay more attention to the problem of civil malicious litigation.The whole society can work together to better solve the problem of civil malicious litigation and create a harmonious and beautiful society ruled by law.