False Civil Action Research Problems

False civil litigation, is kind of lawsuit phenomenon coming from judicial practice. Itrefers to: the people going after improper interests, make malicious collusion, givefalsification of evidence, make fact from fiction and the fictional relationship between rightsand obligations, to advocate civil lawsuit, as the disputing parties, for getting the judgment ofthe court. Each complete false action of civil procedure, are related to the malicious behavior,the people’s court and the victims.The characteristics of false civil litigation are obvious and focus, i.e. legally actionrepresentation, special relationship, legal litigation proceedings in weakening defense andcase type relative concentration. Malicious litigation and litigation fraud, which also belong tounfair action like false civil litigation, are all superordinate concept of the false civil litigation,and malicious litigation has the biggest extension, the litigation fraud the second.Relying on different subjective objective, false civil litigation can be divided into threekinds of type: the pursuit of the property entities of interest, the pursuit of non-propertyentities of interest, and the pursuit of procedural interest. In which, the kind of pursuitting theproperty entities of interest is the most classic and having the highest proportion, and this typecan be also divided into different types, such as escaping from debt, transfer of property andthe seizure of property type. In practice, the false lawsuit focuse mainly on the following case:folk debit and credit action, false divorce proceedings, involving the demolition resettlementcompensation of the household division and housing disputes, in order to insolvent enterprisesfor the defendant’s property and labor disputes litigation types.False civil infringes anwairen legitimate rights and interests, seriously disturb the normalorder of civil trial, shake the judicial authority and jurisdiction of the seriousness, and createdChina judicatory resources serious waste. What cause false civil production and overflow,include the lack of legal regulation, include civil litigation system and judicial mechanism’sloopholes, and include some other reason in the trial practice. In order to prevent the falseaction, we should perfect legislation, make it be included in the criminal law and civil law regulation, and also improve the civil mediation system and evidence review system.