Study On False Civil Legal Regulations Of Our Country

With the development of economy and society in recent years, the false civil procedure is increasingly serious, which was widely studied in law circles. The false civil procedure is a new malicious use of the legal proceedings, which to reap illegal interests through judicial procedure. This behavior not only damages the interests of others but also harms to the credibility of the judiciary and social order. It’s a waste of precious judicial resources. Against that backdrop, this paper starts with the theoretical analysis of the false civil procedure, contrasts the domestic and foreign legal regulation through the literature research in this area, pointed out that China’s false civil legislation in terms of defects, make clear the causes and damage of the false civil procedure. The emphasis of this paper is to put forward a more comprehensive framework of legislation proposals. This paper is divided into four parts:Part one:The basic theory of the false civil procedure. Begin with the concept of the false civil procedure. By contrasting false civil and litigation fraud we can get a general understanding of the formation of the false civil, then analyze the main characters of the formation of the false civil procedure from the forms of behavior.Part two:Comparing the domestic and foreign legal regulation. This chapter choose some legal regulations on malicious prosecution’ recognition, restriction and penalty of America’s and German’s legal institution. Based on the analysis of China’s own legislative system and the cases of legal regulation in Germany and America, point out the shortcoming of the malicious prosecution in China from the point of view of the comparative jurisprudence.Part three:Which focuses on the causes and damage of the false civil procedure, based on the negative impact on the law and social, and combined with the present circumstance in China, we can find the cause for emergence of the false civil procedure in China from the point of economy, legal regulation and our practice.Part four:The author puts forward countermeasures and suggestions to prevent the false civil procedure. According to the discussion above, the paper comes to a conclusion and gives some suggestions from the integrated perspective of the legislation, the justice and the social support.