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诉权是人的基本权利,我们不得非法剥夺或限制。诉权不是绝对权,其行使必须在一定范围和界限内,不得违反立法的宗旨。恶意诉讼就是当事人以诉权为工具,通过审判权的权威来达到诉讼外的非法目的的行为。恶意诉讼侵害了相对人的合法权益,降低了诉讼效益,损害司法权威,造成稀缺司法资源的浪费,是我们必须遏制的行为。本文以诉权为视角剖析恶意诉讼的内涵、构成要件和表现形态,探究其存在成因,并提出规制恶意诉讼的具体救济措施,为构建公正的诉讼程序献计献策。
The right to sue is a basic human right, and we must not be deprived or restricted illegally. The right to sue is not an absolute right, and its exercise must be within a certain range and boundary and must not violate the purpose of legislation. Malicious litigation is the party’s right to action as a tool, through the authority of judicial power to achieve the purpose of illegal acts outside the litigation. Malicious lawsuits have infringed the lawful rights and interests of the relatives, reduced the efficiency of lawsuits, undermined the judicial authority and caused the waste of scarcity of judicial resources, which we must check. In this paper, the author analyzes the connotation, constitutional elements and manifestations of malicious litigation from the perspective of litigation right, explores its causes, and proposes specific remedies to regulate malicious litigation so as to offer advice and suggestions for the establishment of a fair litigation process.