Yes Malicious litigation is an abuse of litigation right, which refers to the abuse of prosecution right and other litigation rights. 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. Article 112 of the Civil Procedure Law of People's Republic of China (PRC) stipulates that 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.
Legal objectivity:
Article 1 of the Interpretation of the Supreme People's Court and the Supreme People's Procuratorate on Several Issues Concerning the Application of Laws in Handling Criminal Cases in false litigation fictionalizes civil legal relations and fictitious civil disputes by means of forged evidence and false statements, and brings a civil lawsuit to the people's court. If one of the following acts is committed, it shall be deemed as "bringing a civil lawsuit with fabricated facts" as stipulated in the first paragraph of Article 307 of the Criminal Law: (1) maliciously colluding with one of the husband and wife to fictionalize the same debts of the husband and wife; (2) Malicious collusion with others, fabricating the relationship between creditor's rights and debts and an agreement to pay debts in kind; (3) Malicious collusion with the legal representative, directors, supervisors, managers or other management personnel of the company or enterprise to fabricate the debts or guarantee obligations of the company or enterprise; (four) fabricating intellectual property infringement or unfair competition; (5) Declaring fictitious creditor's rights during the trial of bankruptcy cases; (6) Malicious collusion with the person subjected to execution, forging creditor's rights or rights of priority or security, and sealing up, distraining or freezing property; (seven) other acts of colluding with others unilaterally or maliciously to fabricate civil legal relations such as identity, contract, infringement and inheritance. Whoever conceals the fact that the debt has been fully paid off and brings a civil lawsuit to the people's court to demand others to perform the debt shall be deemed as "bringing a civil lawsuit with fabricated facts". Applying to the people's court for enforcement of an arbitral award or notarization of creditor's rights documents with fabricated facts, or objecting to the subject matter of execution with fabricated facts in the process of civil enforcement, and applying for participation in the implementation of property distribution belong to "bringing a civil lawsuit with fabricated facts" as stipulated in the first paragraph of Article 307-1 of the Criminal Law.