The Study On Legal Measures Of Litigation Fraud

Litigation fraud is the behavior in civil litigation that people use purposely false evidence,false facts or malicious deception,collusion and so on. Aiming for the court makes an error referee, while harms the legitimate rights and interests of others. In recent years, the field of civil litigation fraud occurs frequently in China, not only violate the legitimate interests of a lawsuit or the third person, undermine the healthy and orderly development of market economy, but also make a damage to the judicial authority and waste judicial resources of society. However, the related law in China lagged behind so far that judicial power exist many flaws, people may take advantage of legal fraud to harm society. Then making and perfecting law system of preventing Fraud litigation is urgent.First of all this article defined the concept of litigation fraud, summed up its characteristics, and discussed its qualitative, and analyzed the areas of high incidence of fraud combined with on-line random sample. Then, the article analyzed deep-seated reasons of the frequency of litigation fraud. Based on this, through investigating settlement mechanism of the extra-territorial litigation fraud, got the legal response action of fraud prevention and containment, including legislative and the judicial level measures. In the criminal legislation, this thesis proposed action through the establishment of a separate fraud action to increase efforts to combat litigation fraud; At the same time, civil proceedings in the substantive law of fraud should provide punitive damages measures to allow victims to bear more than the actual loss compensation. In the aspects of Civil law regulation, should make rules of implement punitive damages measures to persons who fraud somebody in the substantive law, which make him bear more compensation than the actual loss and the entry into force of the right decision for opening up its relief himself rights of way; In addition, to effectively prevent and curb the occurrence of litigation fraud, the aspects of judicial practice should establish incentive mechanisms which include special review procedure of high-risk cases,provide timely risk reporting systems,improve the prohibition of withdrawal system and set up fraud investigation proceedings.