Borrowing Disputes The Problem Of False Action In The Research

In recent years, false lawsuits lining out one after another in the field of civil litigation. Before new introduced the civil procedure law, domestic scholars discussed more about "action", but there is little discussion of false litigation, some individual scholars research, suffer from no support by the law, these theories into practice. New "civil procedure law" after carrying out, clear the behavior as a "false litigation". False action of social harmfulness is large, cause obstacles to justice, contain false action is urgently needed. This is not only to plug holes from the civil litigation system design, also want to impose criminal sanctions against false action. But so far on the designing and no clear rules. The courts at all levels in the different approach, with a fine and judicial detention, have only through litigation expenses burden of sanctions, have to shall be investigated for criminal responsibility of crime of fraud, also has to the detriment of the judicial specific crime shall be investigated for criminal responsibility according to law. Criminal sanctions against false action, is still in a chaotic situation.This paper discusses the problem of false borrowing the dispute lawsuit basically has the following four aspects: The first part is about the false litigation time background and the analysis of the rapid development. Any phenomenon does not happen overnight, its emergence and development can not escape its influence and function of the time. As the people law consciousness enhancement, civil litigation has become people to safeguard the legitimate rights and interests and one of the most important means of dispute resolution. But with the help of litigation seek improper interests the legal form of false litigation phenomenon has emerged. False litigation not only disrupt the normal trial order, caused the waste of judicial resources, also seriously affected the judicial referee’s credibility, the seriousness and authority of law. Therefore, how to prevent grind don’t use local judicial proceedings, the parties has become one of the problems of the judicial field to be caused take seriously.The first time that the second part is from zhoushan, false lawsuits- "le a fraud", through the analysis of the research to find three controversial focus: 1. Whether the behavior of a certain form false litigation; 2. Whether a false lawsuit behavior constitutes a crime; 3. A false litigation constitute what crime. And thus led to the analysis of the two problems, one is borrowing as false litigation in the disputes over how qualitative, 2 it is borrowing as false litigation in the disputes over how to prevent and regulation.The third part is the analysis of cases of disputes focus, one by one, research, and finally it is concluded that a particular behavior is false in litigation, and the false litigation act constitutes a crime, but for its crime, the criminal law did not make clear a regulation how to convicted and punished, and the resulting below the fourth part of the prevention and regulation problems.The fourth part is to solve the dispute focus, focus of dispute caused by the two problems to solve, put forward relevant Suggestions, and prevention of false litigation and regulation methods and puts forward the countermeasures of the author himself, put forward the legislative Suggestions, in order to deal with the problem in the judicial practice in the future.