恶意诉讼,是指当事人怀着不良动机和目的,利用法律赋予的诉权,在明知自己缺乏证据和胜诉理由的情况下,以被损害人(原告)的身份对当事人造成某种损害后果的行为。由于立法方面的滞后,我国目前尚无惩治恶意诉讼的专门条款,人们对恶意诉讼的了解有限。正是自甘建华叫板恶意诉讼及广大媒体的一呼百应,人们已开始关注这个严峻的现实问题。中国法制历史在漫长的发展过程中,尽管千回百折,跌 Malicious litigation refers to the act of using the rights of litigation granted by law with the unwarranted motive and purpose of the litigant and causing some damage to the litigant in the capacity of the victim (plaintiff) knowing he has no evidence and reason for winning. Because of the lag in legislation, there is no special clause in our country to punish malicious litigation at present, and people have limited understanding of malicious litigation. It is from Gan Jianhua to challenge the malicious lawsuit and the vast media to take note of one’s reactions, people have begun to pay attention to this grim reality. The history of the Chinese legal system in the long process of development, despite the ups and downs, fall