On False Lawsuits In Civil Lawsuits

Lawsuits are not only important tools to protect party's legal rights and interests and settle social disputes but also vital channels to ensure social equity and justice. However, it should also be noticed that false lawsuits in civil lawsuits are not rare but on obvious increase. These false lawsuits seriously disturb court trial order, waste plenty of justice resources, invade individual, collectivity and national legal rights and interests, and upset social economic order. Due to absence of relevant legislation and lag in theoretical research, it is tough to handle such false lawsuits. Therefore, it calls for theoretical research and lawmaking to address such questions in reality. This thesis starts from false civil lawsuit phenomena, analyzes the features and components, explores interior and exterior factors, and finally brings forward countermeasures hoping to provide reference for relevant theory and justice practice to effectively restrain false lawsuits.This thesis belongs to applied domain and fall into four parts. The first part discusses false civil lawsuits theoretically, concludes fundamental viewpoints in legal practice field, differentiates and defines false civil lawsuit concept, analyzes its components, and categorizes the types to deepen the understanding. The second part makes a research of false civil lawsuits in reality, including the current situation, manifestations, harm to society and the causes to pave the way for discussion of restriction. The third part illustrates legal restrictions in false civil lawsuits, including the necessity and foundation of legal restriction, general restriction situation abroad and the importance of learning from abroad. In the last part, it brings forward the countermeasures in false civil lawsuit restriction, including perfecting lawmaking, improving judicature, reinforcing construction of faith and credit system, hoping to provide reference to solve problems in reality.