Study On The Civil Fraud Litigation

The civil fraud litigation is that parties deliberately plan and malicious use judicial function to achievea false action illegal purpose. The civil fraud litigation not only Invading people privacy right,but alsomaking the judicial become tort tool, and seriously violating the dignity of the law and the judicial power ofthe state. In judicial practice, such civil fraud litigation appears again and again, which means thatinvestigation and study to respond is very urgent. In this paper, under such background, limited the range ofcivil fraud litigation rearch, analysis the status and reasons of civil fraud litigation, and to improve its legalliability as the focus, to find the measures to prevent and stop the civil fraud litigation from multipleperspectives.The main content of this paper is divided into four parts. The introduction mainly describes thedifinition theories of the civil fraud litigation the moment, and further leads to relate the research scope andsignificance of civil fraud litigation. The first part discusses the basic problems of civil fraud litigation. Themain content is that In the judicial practice how to deal with civil fraud litigation;introduce of a typicalcase, summe up the filds where fraud litigation practice appears frequently; introduce and analyze themeasures of Jiangxi, Heilongjiang, Zhejiang and other places adopting to deal with it; analysis thecharacteristics of false action and discusses its harms.The second part elaborates the origin of false action and elaborates the basic idea of dealing with thecivil fraud litigation. The main reason is that several：lack of credibility, the negative effects of the lawsuitpattern of The parties; some deficiencies of litigation system; the lack of legal liability. The basic idea ofdealing with the civil fraud litigation is as fiows. This paper embarks from the analysis of the psychologicalactivity of parties., discuss the measures to deal with civil fraud litigation.which Not only strictlypreventing and critically reviewing but also severe punishing civil fraud litigation,this is to say to perfectthe legal liability of civil fraud litigation,increase the cost of illegal.The third part is telling about improving the system and program about the review of the false actionThe main contents are: First, in the case of file、trial、execution stages, strengtheninf the review on theobject of trial court, Second, perfect third party to the litigation system, and establishing the system of third revocation proceedings Establishment and dredging a number of channels to make the subject of litigationto play the role of people who supervise found、expose the false lawsuit. Therefore, can contain some falselawsuit from the source.The fourth part is to perfect the legal responsibility. Improving civil legal liability from the perspectiveof victims, Improving civil legal liability from the perspective of Improving civil legal liability from theperspective of relief victims. Perfection of criminal legal responsibility, from the standpoint of punishingcrimes, Establishment of various forms of liability to educate, guidance, punish, relief offenders.