On The Regulation Of Civil False Lawsuit

False civil litigation should be defined as the parties collude with each other, through its manufacture of the legal relations of the false materials filed a civil lawsuit, facts and evidence, to obtain illegal interests for the purpose of deceiving courts to make legal documents of compulsory execution. Among false litigation, litigation fraud and abuse of litigation, there is a certain correlation, but also a significant difference. False litigation always involves property and the trial process is generally not substantive confrontation. There is usually a close relationship between two parties. The settlement period is shorter and the recognized facts are more. Generally speaking, there are some legal professionals behind the advice or encouraging. In 2012, Civil Procedure and the judicial interpretation of the Civil Procedure of 2015 have provided a legal basis for the regulation and prevention of false litigation. Besides the citations and the conclusion this thesis can be divided into the following five parts.The first part elaborates the related concepts of false litigation, including the meaning and characteristics of false litigation and its constitutive requirements. False litigation, malicious litigation, litigation fraud and abuse of litigation are distinguished in the concept. This part also discusses the false litigation constitutive requirements from false lawsuit behavior body, subjective aspect, objective performance and the impaired object.The second part summarizes the common forms of false litigation in practice from the aspects of fictional litigation subject, fiction in dispute, providing false evidence and abuse of litigation mediation.The third section sums up the dangers of false litigation including damage the national interests and public interests, social credit system, and the legitimate rights and interests of the third part.The fourth part discusses the reason for the formation of false action, which is also one of the core parts of this article. False litigation in judicial practice, formed for many reasons, mainly includes the defective evidence rules, the current civil legal mediation system limitations. The relevant legal regulation is yet to be perfect, at the same time restricted by existing lawsuit pattern restriction in our country. The current judge management and supervision system is insufficient. T credit system of social morals is defective. The cost of illegal false litigation is relatively low, and the awareness of law is relatively weak. The legislative, judicial, social and other reasons have caused the current dilemma under the rule of law in the field of civil false litigation.The fifth part focuses on analyzing effective suggestions to prevent false litigation mechanism. At the legislative level, we should improve the honest evidence rules, establish the relativity principle, improve the civilmediation system and strengthen the regulations from the aspects of civil and criminal litigation rules and regulations, standardize and perfect the cancellation suit by a third party, build a civil false action of tort liability, set up the legal burden system, widen the way of civil judicial sanction measures. At the judicial level, this thesis puts forward to standardize the pretrial review procedure in civil procedure, further strengthen the authority of the court and authority, improve the quality of the judge and the handling ability, strengthen supervision over the false litigation law and the judicial organ in harmony. At the comprehensive prevention and control level, we should promote the overall build of the current social credit system and sustainable development, strengthen credit discipline, strengthen the moral and legal propaganda, thus it should make false civil litigation a vital legal issue and build up modern laws in the path of modernization.