论对恶意诉讼的法律规制诉讼法学专业论文.docx

PAGE PAGE 2 Part II: the components of malicious litigation. Action, in order to accurately identify a concept is established in the above basis, this section analyses the constitutive requirements of the malicious lawsuit behavior, namely: the subjective intention, prosecute illegal behavior and injury consequence caused due to unlawful prosecution. Part III: the common types and characteristic of malicious lawsuit. Typed analysis in this section will be malicious litigation, can correctly understand the feature of different civil malicious lawsuit and modes, so as to effectively prevent and combat. Direct purpose, in this paper, according to the malicious lawsuit behavior person common civil malicious litigation can be divided into two types: defraud litigation results and pursue litigation outside effect, and also introduces the common case occurrence area. Among them the former can be divided into diddle documents with damage the interests of an outsider, diddle legal documents in order to damage the interests of the state or national legal obligation, defraud, damage the interests of the defendants legal document that three types of malicious litigation. The latter can be divided into self hype and bring each other reputation damage or negative tired, two types of litigation. Part IV: the paper analyzes the causes of malicious litigation. To a target of malicious litigation rules and regulations, this part analyzes the cause of malicious litigation. First, in todays China society lack of integrity; Secondly, in view of the malicious litigation, civil substantive law and the civil procedural law and criminal law in our countrys legislation defects; Thirdly, there are also drawbacks in the operation of the judicial. Part V: the malicious lawsuit prevention advice. According to the characteristics of the earlier on malicious litigation and genetic analysis, this part puts forward some Suggestions on malicious litigation to prevent. First of all is to improve re