Legal analysis: Malicious lawsuits can be counterclaimed. The plaintiff’s evidence can be cross-examined in court, or counter-evidence or evidence favorable to oneself can be provided. The court will ascertain the facts and make a ruling according to law. Malicious litigation refers to the litigation behavior in which parties use litigation to obtain unfair benefits for themselves.
Legal basis: "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation"
Article 1 When the plaintiff files a lawsuit in the People's Court or the defendant files a counterclaim, it shall be accompanied by a corresponding document that meets the conditions for prosecution. evidence materials.
Article 2 The parties concerned are responsible for providing evidence to prove the facts on which they base their own claims or the facts on which they refute the other party’s claims. If there is no evidence or the evidence is insufficient to prove the factual claims of the parties, the party who bears the burden of proof shall bear the adverse consequences.
Article 112 of the "Civil Procedure Law of the People's Republic of China" Where parties maliciously collude and attempt to infringe upon the legitimate rights and interests of others through litigation, mediation, etc., the people's court shall reject the case If requested, a fine or detention shall be imposed according to the seriousness of the case; if a crime is committed, criminal liability shall be investigated in accordance with the law.