论恶意民事诉讼及其法律规制
毕业论文关键词：恶意民事诉讼；滥用诉权；诚实信用原则；法律规制
On The Malicious Cavil Action And The Legal Regulation
Abstract: Civil litigation is generally considered to take legal measures to protect the legitimate rights of citizens, to resolve a dispute is one of the most important means. However, with social progress and economic development, more obvious conflict of interest, some people seek illegal interests in action this legal under the cover of the malicious civil action, s becoming increasingly serious. Malicious Civil Procedure refers to a party to the detriment of the interests of others as a condition of a civil action by means of a fictional civil litigation purposes, property damage to other people's behavior and mental damage. As we all know, the pursuit of justice is the highest value of the law, malicious prosecution person however take a variety of ways to suit a serious violation of the specific legal rights, and the value of law is draw further apart, the waste of judicial resources and disrupt the action order, an impact and damage to the justice and lawsuit value. Under the existing legal system, control of the malicious civil action is obviously insufficient, the legal regulation of the malicious civil action still needs to perfect. This paper aims to study the related problems of malicious litigation, and using the experience of western countries on the regulation of malicious prosecution, also proposed measures to regulate the malicious litigation.
Key word：Malicious Civil Action; Abuse of The Right to Appeal; Principle of Good Faith; Legal Regulation
目 录
摘要 Ⅰ
Abstract Ⅱ
前言 1
一、关于恶意民事诉讼的界定和构成要件 1
（一）恶意民事诉讼的界定 1
（二）恶意民事诉讼的构成要件 2
二、民事恶意诉讼的现状、危害及其成因 3
（一）民事恶意诉讼的现状 3
（二）民事恶意诉讼的现实危害性 4
（三）民事恶意诉讼的成因 4
三、国外规制恶意民事诉讼的比较法研究 5
（一）大陆法系规制恶意民事诉讼的相关规定 5
（二）英美法系规制恶意民事诉讼的相关规定 6
（三）两大法系关于恶意民事诉讼之比较研究 6
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