Theory Of Civil False Action Of Prevention And Governance

In the modern reform transition of socialist market economy, any civil subject have to deal with the outside world, which causes all kinds of civil legal relationship and legal disputes.Civil litigation a important means to solve civil disputes in order to maintain the lawful rights and interests of civil subject, as well as a important way of ensuring fairness and justice. But some civil subject in order to obtain illegitimate interests by diddling the court to make mistake judge through the way of abusing civil litigation,complicity, fabricating evidence, etc. The reasons of above mentioned civil false litigation mastered by civil subject are the lack of social credit, the low illegal cost, the defects of third person relief system, as well as the imperfection civil procedure itself. With respect to the reservation of this issue,the author put forward the prevention and governance of civil false litigation in order to protect the legitimate rights and interests of civil subject, safeguard judicial authority, and solid social equity and justice,by means of perfecting social credit system and legislation, improving the judicial three aspects.This thesis is a practical research topic, which is divided into three parts. In the first part, the author analyses the concept and classifies the types of civil false litigation, summarizes the characteristics and deepens the understanding of civil false litigation in combination with the practice of case. The second part expounds the damage of civil false litigation,such as harm judicial credibility, waste judicial resources, infringe the legal rights and interests. The third part, the author puts forward countermeasures and suggestions of prevention and management of civil false litigation, which including the principle of honesty and credibility written in law, perfecting legislation, improving the judicature.