Patent malicious litigation is a new problem which frequently occurred in China judicial practice in recent years, and it becomes increasingly harmful. However, at present, there exist large understanding and theoretical differences in the academic and practice circle, and the legislation still does not make any respond. Therefore, it’s urgently need to construct multi-level’s legal system form civil procedural law, civil law, patent law and antitrust law on the basis of exploring and clarifying theoretical issues, referencing legislative experience of other countries and combining with China's legislative practice.