Rule Malicious Prosecution With Law

As a safeguard the legitimate rights and interests of civil people, an important means of resolving civil disputes in the process of building the rule of law play an important role. But in recent years, along with the legal awareness of citizens, there have been a lot of malicious litigation phenomenon, which is a civil action as a dispute resolution mechanism is contrary to the pursuit of value. The generation of malicious litigation, the law would have undermined the one hand, the order value, resulting in a lawsuit dysfunction, while increasing the workload of the Court, for the present tension in the country is a waste of judicial resources, while the shaken credibility and authority of the law. There is a malicious litigation construction of a destruction of the rule of law, and to make our country the relevant provisions of its law does not, therefore, imperative to regulate it.In this paper, a number of malicious litigation issues were discussed, with emphasis on how the program regulations malicious litigation, the body consists of four parts.The first part is an overview of the malicious actions, including the definition of the concept, similar to the concept of discrimination, as well as the elaboration of its constituent elements.The second part of the malicious damage and causes of action analysis, a list of some malicious action regulation theory, clarifying the reasons for regulation malicious litigationThe third part is to compare methods of malicious litigation, respectively civil law of Rome, France, Germany, Japan and the common law of England and the United States in the relevant provisions on malicious litigation are analyzed and discussed.The fourth part of the responsibility of malicious actions. From the main accountability, methods and scope of the three aspects, focusing on the spirit of the damages and the application of punitive damagesPart five regulation of malicious proceedings was elaborated. Drawing on foreign experience in regulatory malicious litigation, proposed building a malicious action on the regulation of the recommendation system, the focus is to proceed from the procedural law to regulate the malicious action.