Research On Civil False Lawsuit

Since the 20 th Century, at home and abroad in many countries the legislative procedure and strictly in accordance with the procedures as an important part of the rule of law construction and development, due process of law safeguard the entity the referee fair,abide by the law, therefore, proper use of the hands of the procedural rights, and is an effective implementation entities interests and rights of necessary element. But has the right to place rights used illegally may occur. Original lawsuit is the protection of rights and the important ways to solve disputes, with a guarantee of social justice, to safeguard social justice function and meaning. But litigation rights abuse phenomenon is still often appear in the field of civil litigation. In reality there is no lack of some of the rights granted "wise men" to use the law, and deliberately exploiting legal loopholes through false litigation, the illegal profit.In recent years, increasing the number of false civil lawsuit, this paper of civil false lawsuit refers to in order to obtain illegal profits, the malicious conspires the parties, legal fact, fiction, by means of the civil lawsuit filed to defraud court written judgment, the behavior of the damage the legitimate rights and interests of others. Civil false and malicious litigation, litigation fraud and abuse of litigation right belong to different categories, the concept is very different, should strictly distinguish in practice. Civil false lawsuit mostly exist in the loan disputes, divorce division of property disputes, the bankrupt enterprise debt disputes, the cognizance of the well-known trademark, and other fields, its produce has the lack of social credit, the defects of the system of civil litigation, absence of law norms, and many other reasons. False civil litigation greatly harm the judicial authority, and violated the law, litigation function alienation, waste of judicial resources, thereby causing loss to the legitimate interests of others. At present our country little legislation about civil false action, only in the civil procedure law the principle of good faith and measures to regulate civil false action of some programs, The principle of honesty and credit is provided false civil litigation regulation principle of guiding ideology, not the provisions of the detailed elaboration, difficult operation, These measures at the same time also does not have the relevant entity system, limited functionality, still not enough to prevent repeated phenomenon of false civil litigation. In a nutshell, theoretical research lag and defects in the legislation, to some extent to the emergence of the false civil lawsuit. In this paper, from the fundamental problem of false civil procedure, analyzes the concept, constitutive requirements, characteristics, etc, digging out the reasons, targeted, discuss the strategy to prevent a civil false action, in order to effectively curb civil false action.