On The Procedure Of False Conciliation In Civil Action

In recent years, in the field of civil litigation in our country, spreading false mediation cases presented. Wang mou, Yuan Mou and shangdi real estate loan dispute, a sealing and start-up project contract dispute the emergence of false mediation cases, such as serious damage to the judicial justice and authority, waste the judicial resources, has become a social problem to be solved. Theory and judicial practice in our country have problem of research is still at the initial stage, not form a unified understanding. False mediation generally refers to the civil litigation both parties for illegal motive and purpose, malicious collusion, use of litigation rights endowed by laws, fictional case facts and evidence, through the mediation of the court procedure to mislead the court to make the wrong the conciliation statement, damage the interests of a third person outside case illegal behavior. Case reflects the false mediation infringes upon the lawful rights and interests, judicial passivity, an outsider proceedings abuse, lack of investigation mechanism and a series of problems. The cause of false mediation, application system reason has the defects of the system of civil litigation, including the modes of litigation of our country, the defects of evidence system, the limits of civil mediation system. In operation of the judicial trial reasons public system is incomplete, the court of mediation rate excessive pursuit. Contain false mediation happened to carry on the effective regulation, should follow the principle of judicial restraint and judicial activism, litigation right and litigation to prevent protection principles. To perfect the court mediation system, the establishment of an outsider relief system, perfect the court mediation program. To set up the mechanism of the court mediation of false identification. To strengthen the procuratorial organs supervise function.