目前我国法律对于恶意诉讼的规制在立法方面缺乏实体性规范,导致在司法领域对恶意诉讼行为的规制难以完善。现有的两部民法典草案提出了初步的解决方案,然而在法工委公布的民法典草案中却被否认,本文通过论述恶意诉讼的规制方法及作为一种新型侵权行为的必要性,而得出恶意诉讼应作为一种新型侵权类型加以规定的结论。 At present, our country’s law lacks the substantive norms in the legislative aspects of the regulation of malicious litigation, which makes it difficult to perfect the regulation of malicious litigation in the judicial field. However, the draft Civil Code promulgated by the Commission for Science and Technology is denied. This article discusses the regulation of malicious litigation and the necessity of being a new kind of infringement, while the current draft of two Civil Code proposed a preliminary solution. However, Concludes that a malicious action should be prescribed as a new type of infringement.