论恶意诉讼

近年来,恶意诉讼案件在我国一直呈上升趋势。该现象的出现是由某些人道德素质低下、诉讼不可避免的负面效应以及法律制度的内在缺陷等几方面原因所致。参酌域外相关的立法例,在分析现有相关法律的局限之后,总结了区分恶意诉讼与一般诉讼的识别标准,并提出了规制我国恶意诉讼的立法建议。

On the Hostile Lawsuit

In the recent years, there are more and more hostile lawsuits. As for the question of above, the author has done the preliminary analysis, and drawn the conclusion that the causes of hostile lawsuits are the low morals quality, the unavoidable negative effects of the lawsuit, and the inside defects of the legal system. After analyzing the limitations of the relative laws, and in reference to the foreign legislations, the author summary the standard of distinguishing the hostile lawsuit and the common lawsuit, and propose the countermeasures of the hostile lawsuit through legislation in China.