Cases of Bad Faith Litigation Say, what is bad faith litigation

Legal analysis: Malicious litigation refers to the litigation behavior of parties using litigation to obtain improper benefits for themselves.

Legal basis: "Reply to the Question of How to Apply the Law to the Conduct of Defrauding the Court's Civil Judgment into Possession of Others' Property by Fabricating Evidence" For the purpose of illegal possession, the act of defrauding the court's civil judgment into taking possession of other people's property through the fabrication of evidence should not be pursued for criminal responsibility for the crime of fraud;If the perpetrator forges the seal of a company, enterprise, public institution, or people's organization, or instructs others to give false testimony, and a crime is constituted, criminal responsibility shall be pursued in accordance with the provisions of paragraph 2 of article 280 and paragraph 1 of article 307 of the Criminal Law.

Legal Analysis: Where malicious litigation is to be done in bad faith, fines or detention are to be given on the basis of the severity of the circumstances, and where a crime is constituted, a sentence of up to three years imprisonment, short-term detention or controlled release is to be given, and/or a fine;where the circumstances are serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given.

Legal basis: Article 307 of the Criminal Law of the People's Republic of China: Whoever initiates a civil lawsuit based on fabricated facts, obstructs judicial order or seriously infringes upon the lawful rights and interests of others, is sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine;where the circumstances are serious, a sentence of between three and seven years imprisonment and a concurrent fine is to be given. Where a unit commits the crime in the preceding paragraph, the unit is to be fined, and the directly responsible managers and other directly responsible personnel are to be punished in accordance with the provisions of the preceding paragraph.

Where there is conduct in the first paragraph, illegally taking possession of other people's property or evading lawful debts, and another crime is constituted, it is to be convicted and given a heavier punishment in accordance with the provisions for the heavier punishment. Where judicial personnel abuse their authority to jointly carry out the conduct in the preceding three paragraphs with others, they are to be given a heavier punishment;where other crimes are constituted at the same time, follow the provisions for the heavier punishment at conviction and give a heavier punishment.

Since malicious litigation is often a malicious party sacrificing the interests of the other party in exchange for its own improper interests, if the court does not deal with it, it will inevitably infringe on the personal interests of the other party, and at the same time affect the authority and reputation of the judiciary. China's current system severely punishes malicious lawsuits.

Article 51 of the Constitution of the People's Republic of China Citizens of the People's Republic of China, in exercising their freedoms and rights, shall not harm the interests of the State, society, or the collective, or the legitimate freedoms and rights of other citizens.

Civil Procedure Law of the People's Republic of China

Article 112:Where parties maliciously collude with each other in an attempt to infringe upon the rights and interests of others through litigation, mediation, or other means, the people's courts shall reject their requests and give fines or detention based on the severity of the circumstances;where a crime is constituted, criminal responsibility is pursued in accordance with law.

Article 113:Where persons subject to enforcement maliciously collude with others to evade performance of obligations set forth in legal documents through methods such as litigation, arbitration, or mediation, the people's courts shall give fines or detention based on the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law.

Legal Analysis: In a broad sense, malicious litigation refers to the behavior of a party who does not participate in the litigation based on his or her own justifiable reasons and good intentions, and who clearly knows that he lacks a cause of action that complies with the law, and expects to put others in an unfavorable judicial situation through litigation or specific acts in the litigation. It includes both collusive and fraudulent sham lawsuits, as well as abuse of litigation rights.

Legal basis: "Interpretation of the Supreme People's Court and Supreme People's Procuratorate on Several Issues Concerning the Application of Law in Handling Criminal Cases of False Litigation" Article 2: In any of the following circumstances, the uproar in civil litigation initiated on the basis of fabricated facts shall be found to be the standard for filing a case of malicious litigation:

1) Causing the people's court to take property preservation or conduct preservation measures based on fabricated facts;

2) Causing the people's court to hear the case and interfering with normal judicial activities;

3) causing the people's court to make a judgment document or make a property distribution plan based on fabricated facts, or to file a case for enforcement of an arbitral award or notarized creditor's rights document based on fabricated facts;

4) Repeatedly initiating civil litigation on the basis of fabricated facts;

5) Those who have been subject to compulsory measures in civil litigation or have been criminally prosecuted for initiating a civil lawsuit based on fabricated facts;

6) Other situations that impede judicial order or seriously infringe upon the lawful rights and interests of others.

Malicious litigation is essentially a kind of tortious act, and to determine whether to support the right to claim damages arising from malicious litigation, the constitutive elements of tort liability and the legal requirements for the correct exercise of litigation rights should be taken as the basis for judging and relieving the judgment, and the scope of damages should be limited. Malice in malicious litigation is a description of subjective motives, which refers to the evil person in the intentional state of mind, which contains obvious harmful pursuits.

Article 111 of the Civil Procedure Law of the People's Republic of China.

Where parties maliciously collude with each other in an attempt to infringe upon the lawful rights and interests of others through litigation, mediation, or other means, the people's court shall reject their request and impose fines or detention based on the severity of the circumstances; where a crime is constituted, criminal responsibility is pursued in accordance with law.