malicious litigation refers to the litigation behavior in which the parties use litigation to obtain illegitimate interests for themselves. Moreover, it is often to sacrifice the interests of others in exchange for one's own illegitimate interests, so the court needs to make correct handling. Improper handling will affect the judicial reputation and authority. What are the legal consequences of malicious litigation? Let's take a look together. I. What are the legal consequences of malicious litigation According to Article 112 of the Civil Procedure Law, if the parties collude maliciously and attempt to infringe upon the legitimate rights and interests of others through litigation or mediation, the people's court shall reject their request and impose fines and detention according to the seriousness of the case; If a crime is constituted, criminal responsibility shall be investigated according to law. Second, the identification of malicious litigation 1. Subjective aspect: intentional. The object of intentional pointing is the result of harming others' rights and interests, and the pursuit of this result can be both direct and indirect, that is, knowingly carrying out acts that harm others' rights and interests for the sake of harming others' interests or seeking their own illegal interests. Negligence means that the result of harming others' interests should be foreseen but not foreseen, or if it is foreseen but credulous, it can be avoided. Whether negligence constitutes malice is still controversial in academic circles, but it is not appropriate to include it in malicious litigation at present when the legal awareness and legal level of citizens in China are not high. As long as the actor has no subjective purpose of hurting others, his litigation should not be malicious, so as not to dampen citizens' enthusiasm for litigation. 2. objective aspects. Objectively, acts that harm the rights and interests of others are not limited to prosecution, but also include acts in all litigation procedures such as first instance, second instance, special procedures and execution. 3. There are damage facts. Damage fact refers to the result of damaging the rights and interests of others, and rights and interests refer to all the rights of citizens such as personality, health, reputation, goodwill and property rights stipulated in China's civil law and tort liability law. Property refers not only to the material property outside the lawsuit, but also to the lost time, transportation, lawyer's fees, appraisal fees and so on. The most common ones are malicious criminal accusation against freedom, false litigation against property rights, and abuse of litigation rights against reputation and goodwill rights. 4. There is a direct causal relationship between malicious litigation and damage facts. III. Manifestations of Malicious Lawsuit 1. Collusion with false litigation refers to the act that the parties fabricate facts and conceal the truth for illegal motives and purposes, and collude with the other party to file a civil lawsuit. (1) Transferring divorce property through false private lending; (2) transferring enterprise property or personal property through false private lending to avoid debts; (3) transferring the property to be executed by the court through false private lending; 2. Unilateral false litigation refers to the act that the parties file a lawsuit by fabricating facts or evidence for illegal motives and purposes. (1) False criminal report; (2) Well-known trademarks recognized by false litigation; (3) Strike at the business reputation of competitors through false litigation; (4) False prosecution of unrelated third parties. (5) falsely filing special procedures. In order to take advantage of the results of special procedures, maliciously file a declaration of disappearance, death, incapacity for civil conduct, etc. 3. Abuse of the right of action refers to improper litigation behavior that has a legitimate right of action but pursues illegal purposes other than the legitimate right of action, which violates the natural law of "rights shall not be abused". (1) in order to choose the court of jurisdiction, maliciously increase the subject of litigation and list people who are not defendants as defendants; (2) Abuse of property preservation and intellectual property pre-litigation interim measures for the purpose of damaging the commercial reputation of others or other illegal purposes; (3) Abuse of the right of prosecution and appeal in order to delay litigation, delay the performance of debts or other improper purposes; (4) Abuse of intellectual property litigation rights to damage the business reputation of competitors or achieve other illegal purposes; (5) Abuse of procedural rights such as the right to dissent and the right to apply for withdrawal.