A Study On The Legal Problems Of False Civil Action

Since the twentieth century, the practice of ruling by law in many countriesshows an increasing trend of strengthening procedure legislation and workingaccording to law. Appropriate law procedure plays an important role in ensuring thejustice of judge, so following the law procedure strictly and exercising the procedurerights properly is the prerequisite to achieve substantive rights. However, there is alsoaccompanying possibility of the right being abused. With the constant economicprogress, various kinds of society thinking impact the traditional moral system. Theproblem of abusing litigation right, especially the false civil procedure is more andmore serious in China. The “tree” of law symbolizing justice has bearing unfair fruit,which may endanger the law system if not removed in time.For how to solve the false civil litigation problem, the author analyzed thesubstance characteristics and high incidence area of false civil procedure by means offigure, data, and case, and had distinct concept about what was false civil procedure inthe first part. There are the legal procedures and substantive law in China, but why thefalse civil procedure is still so serious. Next, the author focused on the cause of falsecivil procedure in China, and tried to find the essence of the problem to solve it in thesecond part. Moreover, the author referred to many similar cases abroad comparedwith related laws in China to get some suggestions. Eventually, we proposed thespecific measures according to the reasons of false civil procedures based on previousanalysis, corresponding with the structure of this paper about how to do. In the end,the author summarized the views, and had a fine desire of solving the false civilprocedures and the whole society ruled by law.