On Regulations of Malicious Suits Against Outsiders in Fraud Cases from a Perspective of Procedural Law

Due to the concealment of malicious suits against outsiders of fraud cases, the procedural justice is greatly damaged, so are the outsiders’ rights and interests.In practice, such suits can be classified into the following four types:creditor-avoiding, property-transferring, responsibility-evading, and law-shirking.Problems existing in such suits mainly include no relief path when outsiders are infringed again, narrow application scope of procuratorate’s counterappeal, inadequate punishment on the malicious prosecutors by the current civil law, lack of criminal law against the malicious prosecutors, and imperfect system of civil compensation.Such problems can be solved through the following ways:perfection of system of distinguishing and preventing fraud suits, establishment of the permission system of appeal, improvement of the system concerning the third party’s participation in the suits, and creating the mechanism punishing the fraud suitors.