Tort Liability For Malicious Actions By Shareholders

Both domestic and foreign,malicious prosecution has long existed,although there is no specific definition,but there has been a malicious prosecution of the phenomenon of legal adjustment of the relevant provisions.With the continuous development of the market economy,the corporate governance structure has been upgraded,the frequent occurrence of malicious prosecution by shareholders has become a not uncommon social phenomenon in modern society.At present,many countries in the legislation of malicious litigation tort liability theory and system to study.Malicious litigation will not only damage the legitimate rights and interests of the parties,and adversely affect the parties,but also waste the judicial resources of the state and adversely affect the judicial authority.The malicious prosecution unit,especially the shareholders of malicious prosecution is usually more serious consequences,because it involves more subjects,once the malicious prosecution situation,will often make the interests of multiple damage.China's legal theory and practice on the "malicious prosecution" problem of research and discussion,although there are certain results,but many of the problems have not been resolved,such as the definition of malicious prosecution is still inconclusive.The tort liability for malicious prosecution of shareholders is even less.There is no special legal regulation of the tort liability of shareholders' malicious prosecution,due to the lack of relevant legal regulation,the curbing and punishment of shareholders' malicious prosecution is difficult to be fundamentally solved.The definition of the scope of tort liability for shareholder malicious prosecution can effectively solve the frequent occurrence of shareholder malicious prosecution in practice,and prevent the occurrence of shareholder malicious prosecution.The article applies the theory of remedial malicious action to shareholder representative litigation,elaborates on the applicability of the general theory of tort law in shareholder representative malicious action,and analyzes the elements of tort liability for shareholder malicious action,and establishes the principle of imputation as the principle of fault,with subjective fault including intentional and gross negligence.At the same time,the plaintiff shareholder in the shareholder malicious lawsuit,according to its subjective malice,the application of punitive liability,to better play the function of tort liability law to curb violations.Establish a complete and comprehensive system of liability for damages in order to achieve reasonable relief for the infringed party.