On The Legal Regulation Of Civil False Lawsuit In China

At present, in the field of civil litigation, the litigation rights are the rights of the legal rights of citizens, but the lack of good faith in the legal rights of the legal rights of citizens, but some of the people who have the right to seek illegal interests, and cause the serious consequences of the legal system. Therefore, it is urgent to blow the false litigation and improve the legal system of the false litigation. In recent years, China has improved the legal regulations in this area, such as the new revised "Civil Procedure Law" in fifty-sixth, the third people in the act of revocation of the right to give victims the right to relief channels, in 2015 through the "criminal law amendment (nine)" will be a false lawsuit to fill the gaps in criminal law, it can be described as a big breakthrough. This paper is based on the introduction of false litigation, through empirical research methods, analyzes the typical cases of false litigation, discusses the causes of the phenomenon of false litigation, in order to seek the more comprehensive measures of legal regulation. The full text is divided into four parts:The first part, the definition of false litigation, the characteristics of the false litigation, as well as the elements of the false action of the three aspects of the composition of the false litigation overview. Through the analysis of different viewpoints, the author puts forward the definition of false litigation, and summarizes the characteristics of false litigation, which is intended to be a better discrimination in practice. The author argues that the constitution of false litigation is the basis of various legal regulations.The second part, through the empirical research of false litigation method, cited four typical cases:the party a party to the case of multiple divorce property; the implementation of the false litigation case; the company’s shareholders for the transfer of false litigation case; the trademark rights of people for judicial recognition of well-known trademarks false litigation. In each case, the case is reviewed, and the case is analyzed and the three part is to understand the specific forms of the false litigation in the judicial practice, the characteristics of the case, the qualitative, judge, and finally the combination of theory and practice.The third part, on the basis of the first two parts for false litigation phenomenon repeated. And the current regulation ineffective tracing the source of trouble, the full range of Genesis. The author from the perspective of the subject and object, the judicial operation angle, the angle of the legal regulation of the three aspects of the demonstration, the possible existence of the crux of the list.The fourth part, on the basis of the foregoing analysis, according to the different aspects of the causes of the false litigation, one by one, put forward suggestions and ideas of legal regulation. Parallel double track of substantive law and procedural law, civil regulation and criminal regulation to cooperate with each other, advance prevention and relief after a two pronged, to maximize the improvement of false litigation regulation.