Legal Research Of False Action

In recent years, the reports about false action appeared in newspapers frequently. False action is described as one kind of abuse of civil procedure. If the occurrence of false action cannot be restrained, the rationality of civil procedure will be doubted. Therefore, it is valuable to study false action and the way to stop it. Further, it should be considered how the balance between jurisdiction and rights is hold. The question what false action is, what type it is and what the way to restrain it is, was discussed in this article.In the first part it was discussed what false action is. False action is the behavior that the perpetrators bring a lawsuit for the unlawful purpose, and conspire to claim the untrue facts of the case, and result harm. Then the meaning and extension of false action were made clear by analyzing its characteristics. In the second part the types of false action were conferred. The standards of classification are the claim of the perpetrator, and the person infracted, and the ways to achieve the purpose of the perpetrator.The third part of article is the necessities and the bases of restraining false action. It is necessary to restrain this kind of action because the parties who abuse the procedure rights in a false action will destroy the legal order, and harm the credibility of justice and judicial authority, and damage others' legitimate rights and interests. The principle of no abuse of procedure rights and the principle of good faith are the bases of restraining false action.The final part of article is the ways to restrain false action. Stopping false action before the termination of litigation, and holding the balance between jurisdiction and procedural rights are the two ideas of restraining. Then the main way to restrain false action is the use of joint action and intervention. The specific suggestions were as follows: (a) Improve joint action system and intervention system. Civil procedure law should provide that the litigants must attend the trial at least once and prohibit the agency between the necessary joint litigants unless one of the joint litigants declares the agency by himself in the court. Civil procedure law should provide that the third party can preserve his rights and interests against false action by intervention. (b) The court discovery the truth by authority. (c) Civil procedure law should provide the necessary and complete relief for the victim of false lawsuit. (d) Laws should provide the liability for false action. (e) Reform court mediation.