恶意诉讼问题探析

随着公众越来越多地用民事诉讼的方式维护自己合法权益的同时,恶意诉讼也越来越困扰我国司法实践.恶意诉讼是指当事人虚构法律关系或主要法律事实向法院提起诉讼,侵犯相对人的合法权利,给相对人造成财产及精神方面损害的诉讼.恶意诉讼与滥用诉讼权利、诉讼欺诈都有区别,其侵权行为的构成要件也与一般侵权行为有所不同,遏制恶意诉讼必须处理好限制恶意诉讼与保护当事人诉权的关系.

A Probe into Hostile Lawsuits

While more and more people choose civil actions to protect their own legal rights and interests, hostile lawsuits are increasingly troubling the judicial practice in China. Hostile lawsuits refer to actions raised on the basis of fabricated legal relations or important facti juridicum, intended to infringe the legal rights of the opposite party, thereby causing financial losses and mental hurts on the latter. Hostile lawsuits differ from abuses of right to sue and lawsuit swindling, and their constitutive requirements for infringing acts are also other than those of ordinary torts. In curbing hostile lawsuits, we have to avoid offending the litigant's right of action.