恶意诉讼及其救济初探

诉讼是人们维护自身合法权益的重要途径,但在诉讼的过程中,基于法律制度的残缺和 个人不法利益的驱动,一些人恶意提起诉讼,给受害人带来物质和精神上的巨大损害,并且造成国 家司法资源的极大浪费,还在一定程度上动摇人们的法律信仰。因此,对于滥用诉权、恶意诉讼的 行为应当予以遏制和惩戒,对恶意诉讼人妨害民事诉讼的,应当采取强制措施;构成民事侵权的,应 当承担民事赔偿责任;触犯刑律的还应承担刑事责任,从而提高恶意诉讼的成本以有效防范恶意诉 讼,建立公正、廉洁、高效的诉讼机制,为构建和谐社会提供司法保障。

The Initial Research into Evil Lawsuit and the Legal Remedy

lawsuit is an important way for people to protect their own rights and interests,but in the course of lawsuits,owing to the incomplete law institution and the desire for the illegal individual interests,some people file suits with evil,which brings victims tremendous physical and mental damages and wastes large national resources of administration of justice,and also waves people's faith in law in some degree.Therefore,while encouraging and supporting people to exercise right of lawsuits,and advancing and enriching the rule of law,we should give repression and penalty to the person who abuses the right of lawsuits and files suits with evil.If he impairs the civil lawsuits ,we should take compulsory measures; if he does the civil torts,he should assume civil damages liability; if he breaks the criminal law,he should assume the criminal liability,so as to increase risks of evil lawsuits,which can guard against evil lawsuits validly,establish a fair,honest and highly efficient lawsuit mechanism,and provide guarantee in administration of justice for setting up a socialism harmonious society.