恶意控告；诬告 malicious prosecution

指没有合理根据而恶意对某人提起刑事或民事诉讼，将以失败告终。被诬告人对此可提起损害赔偿之诉，但需证明：1.他曾被起诉；2.起诉者为诬告人即现被告；3.诬告以失败告终；4.诬告之诉缺乏合理根据；5.诬告人存在恶意；6.现原告因此受损。

Malicious prosecution is a common law intentional tort. Like the tort of abuse of process, its elements include (1) intentionally (and maliciously) instituting and pursuing (or causing to be instituted or pursued) a legal action (civil or criminal) that is (2) brought without probable cause and (3) dismissed in favor of the victim of the malicious prosecution. In some jurisdictions, the term "malicious prosecution" denotes the wrongful initiation of criminal proceedings, while the term "malicious use of process" denotes the wrongful initiation of civil proceedings. Criminal prosecuting attorneys and judges are protected from tort liability for malicious prosecution by doctrines of prosecutorial immunity and judicial immunity. Moreover, the mere filing of a complaint cannot constitute an abuse of process. The parties who have abused or misused the process have gone beyond merely filing a lawsuit. The taking of an appeal, even a frivolous one, is not enough to constitute an abuse of process. The mere filing or maintenance of a lawsuit, even for an improper purpose, is not a proper basis for an abuse of process action. 以下为相关例句：

例句1

Notably, the tort of malicious prosecution only protects the right of defendants to be free of frivolous lawsuits brought by malicious plaintiffs. For a variety of reasons grounded in public policy, courts have consistently refused to authorize the converse — a tort of malicious defense which would protect the right of plaintiffs to be free of frivolous defenses raised by defendants.

值得注意的是，恶意控告的侵权行为仅保护被告免受恶意原告提起的轻率诉讼的权利。出于基于公共政策的各种原因，法院一直拒绝授权相反的行为——恶意抗辩的侵权行为，这将保护原告免受被告提出的轻率抗辩的权利。

例句2

The filing of a lawsuit for an improper purpose, and without grounds or probable cause. The lawsuit may either be civil or criminal in nature. To remedy an act of malicious prosecution, an alleged victim files a tort claim by the same name.

为不正当的目的提起诉讼，没有理由或合理的根据。诉讼可能是民事性质的，也可能是刑事性质的。为了补救恶意控告的行为，据称受害者以同样的名义提出侵权索赔。

例句3

Criminal and civil cases that lack sufficient evidence usually aren't pursued. However, occasionally criminal charges or civil lawsuits are maliciously filed in order to intimidate, harass, defame, or otherwise injure the other party. Such actions are referred to as malicious prosecution, whether it's an unscrupulous prosecutor filing false charges against a political rival or a corporation suing a small business in order to put the competition out of business.

缺乏足够证据的刑事和民事案件通常不会被追究。但是，偶尔会恶意提起刑事指控或民事诉讼，以恐吓、骚扰、诽谤或以其他方式伤害另一方。这种行为被称为恶意控告，无论是肆无忌惮的检察官对政治对手提出虚假指控，还是一家公司起诉一家小企业，以使竞争对手破产。

例句4

Malicious prosecution occurs when one party has knowingly and with malicious intent initiated baseless litigation against another party. This includes both criminal charges and civil claims, for which the cause of action is essentially the same. The main difference between claims based on criminal and civil actions has to do with evidence.

恶意控告是指一方故意对另一方提起毫无根据的诉讼。这既包括刑事指控，也包括民事索赔，两者的案由基本相同。基于刑事诉讼和民事诉讼的索赔之间的主要区别与证据有关。