恶意诉讼侵权责任研究-法学专业论文.docx

诉讼写入侵权法中的具体条文内容，确定了恶意诉讼侵权损害赔偿责任的承担方 式，即除去消除危险和停止侵害外的其他责任承担方式在恶意诉讼侵权责任中都 可适用。同时主张赔偿不仅有一般的财产损害赔偿、精神损害赔偿，还应将惩罚 性赔偿纳入赔偿范围，主要就是为了对恶意诉讼人进行惩罚，保护受害人的合法 权益。 关键词：恶意诉讼 现状 侵权行为 民事责任 RESEARCH ON THE TORT LIABILITY OF MALICIOUS LITIGATION ABSTRACT Exercise their litigation rights safeguard their legitimate rights and interests is one of the most effective means of right relief society ruled by law, and the exercise of the litigation right embodies the progress of modern civilization. The development of anything has its negative, however, the generation of malicious litigation, undoubtedly become a public nuisance. Malicious lawsuit has yet become the common concern of legal theory and practice, but the act of tort liability is not clearly malicious prosecution tort liability, which makes the malicious prosecution tort in the current our countrys civil substantive law category, and still didnt get effective admitted that the lack of legislation make malicious litigation cannot get effective punishment and containment, legitimate rights and interests of the lack of relief, social contradictions also cannot effectively resolved. Although the procedural law have to regulating the abuse of procedural rights. The malicious prosecution tort in the current our countrys civil substantive law category, there is still no effective recognition, the lack of legislation make malicious litigation cannot get effective punishment and containment, legitimate rights and interests of the lack of relief, social contradictions also cannot be effectively resolved. Although the procedural law have to rules regulating the abuse of procedural rights, but no entity responsibility procedural regulation, often can only become a mere formality. Therefore, establishing and perfecting of malicious prosecution tort liability system in China has become the top priority. Based on malicious prosecution tort as the research object, draw lessons from the beneficial experience of both at home and abroad, from th