A Case Study Of False Civil Litigation

With the development of society, people's thinking, especially the values also have changed greatly inevitably. Reflected in the litigation, people's legal awareness increasing continuously, the rule of law concept was enhanced obviously. While the increasingly popular of the rule of law and the increasing of all kinds of litigations, improper litigation phenomenon occurred frequently. Particularly in the areas of civil litigation, false litigations are spreading far and wide.As a new type of improper action, the frequently happening of false civil litigations is a phenomenon of only past seven or eight years. Opposite to the purpose of proper civil action parties involved in the litigations to settle their disputes, false civil action parties abused procedural rights, conspired with the other party, depended on making up false facts, plot and evidences, intended to use the judiciary's help to obtain illegal benefits and damage other parties or the Third Party's legitimate rights and interests. These actions go against the original intention and purpose of country to set up civil proceedings system; so they are more harmful. Mainly as follow:First, false civil actions disrupted the normal judicial order and led to great waste of limited judicial resources; Second, false civil actions caused citizens to doubt the impartiality and credibility of judiciary, and injured the judiciary prestige; Third, false civil actions damaged the other parties or the Third Party's legitimate rights and interests, destroyed social harmony.The occurrence of false civil act has obvious regional characteristics and its history is short. Now, our country's legal theory and legal practice's study on civil false action is still in its infancy. This paper begins from the related theory of civil litigation, with a large number of case studies, by comparing the difference between false civil act and other traditional improper civil litigation, summed up the characteristics, type and frequency of causes of false civil action. Then based on the analysis of existing theory on prevention and regulation the false civil action, summarized my measures of preventing false civil action, focusing on elaborating how to regulate false civil action by criminal law.