Lawsuit Fraud Prevention And Regulation

Nowadays, along with the increasing and more complicated civil disputes,litigation fraud as an emerging social phenomenon is springing up, which is seriouslyharmful to the society. Specifically, litigation fraud would interfere with the order ofnormal judicial trial, undermine the authority and impartiality of justice and harm thelegitimate interests of others. However, when dealing with such cases referring tolitigation fraud in practice, there is no clear, comprehensive and systematic methodsdue to the lack of legal provisions. This article begins with the concept of litigationfraud, its characteristics and manifestations, and then analyzes the causes and harmfuleffects. At last, this article proposes the methods of prevention and regulation aboutlitigation fraud by drawing on that of extra-territorial regulation.This article is divided into four chapters other than introduction as well asconclusion:The first chapter gives a general overview of the litigation fraud, including theconcept, characteristics, and manifestations.As the same time, I analyzes theconstituent elements in order to understand this subject more clearly.The second chapter is about the causes of litigation fraud. It is necessary that westudy on the reasons why such phenomenon occurs from multi-aspects. Of course, thesocial harmfulness should be pointed out.The third chapter shows the extra-territorial regulations about litigation fraud. Inthis chapter, I not only focus on substantive laws but also pay attention to procedurallaws in the countries and regions in civil law and common law respectively.The fourth chapter discusses the prevention and regulation about litigation fraudin China. Undoubtedly, it is the highlight of this article. From the perspective of me,it is of great importance that we discuss how to distinguish such cases basing on theprinciples of regulation. Eventually, I suggest that we should prevent and regulate thelitigation fraud from many different aspects.