False Mediation In Civil Litigation And Its Prevention

Civil mediation system occupies an important place in the civil procedure law in our country, economic development and social harmony and stability of our country has played an important role. But in recent years, due to the absence of legislation, judicial practice standards and sanctions false mediation is a lack of recognition, cause false mediation has the potential of flood, serious harm the interests of an outsider and judicial authority. So the false mediation in civil lawsuit is of great significance.This paper is divided into three parts:The first part through the typical case, detailed analysis of the three characteristics of the false civil lawsuit mediation:concealment of the subjective intent, purpose and behavior illegality, etc., then puts forward the false civil lawsuit mediation refers to civil litigation "advance" communication between the parties, using litigation rights endowed by laws, fictional related facts and evidence, through the court mediation program, assaults on to a third person or the illegal action of the interests of the state, society, and the false mediation and litigation fraud, malicious litigation has carried on the related concepts.The second part, from the perspective of the legislative defects of substantive law and procedural law, this paper expounds the cause of false civil lawsuit mediation; From the parties to circumvent the law, the court recognition ability is low and the lag of procuratorial supervision aspect analyzes the cause of the false mediation in practice.The third part puts forward the civil case in court against the balance of false mediation shall follow the judicial restraint and judicial activism, litigation right protection and prevent rampant litigation balance, three principles of substantive law and procedural law, to perfect the civil mediation system, constructing the civil false litigation tort responsibility put forward specific recommendations, and put forward the related questions of judicial application in your own opinion.