The Prevention And Cure Of The False Action:from The Angle Of People’s Court

With china’s economy growing fast and its legal system becoming increasingly complete in recent years, more and more people choose taking judicial proceedings as first choice to protect their legitimate interests when coping with disputes. Thus, a large amount of civil cases flow into people’s court. This could have been a desirable trend in the process of the rule of law however, undesirable fraud litigation begin to emerge during the law practice. Fraud litigation cause great harm to the third party and judicial authority, which draws high attention from legal academic theories and judicial practice. After the efforts from all parties, in the28th session of11th NPC standing committee held on August,31st,2012,"NPC standing committee’decision on amending civil procedure of PRC "passed and added the fraud litigation into it.This provides the reference to effectively prevent fraud litigation, but consensus on the definition and implication of fraud litigation is still not reached. So the study on how people’s court will prevent fraud litigation under new situation is of great significance.I attempt to proceed from the conception of fraud litigation, to distinguish the some relevant concepts such as fraud litigation and malicious prosecution. In light of the amendment of civil procedure law and those fraud litigation cases Ⅰ confronted in my work before, I will summarize its presentation in juridical practice and prevention measures for present court as well as its causes and hazards. At last, I’11put forward my personal perspective on how the court can handle fraud litigation in society, court, and judge terms.