Study On The Issues Of False Civil Litigation

At present, the field of civil litigation in China, false litigation cases occurfrequently, repeated and even intensified, False litigation abuse of procedural rights toseek illegal interests, infringes upon the lawful rights and interests, the behavior runscounter to the principle of good faith, serious damage to the procedures, resulting in atremendous waste of limited judicial resources; false litigation breach of the judicialimpartiality, damage the credibility of the judiciary, shaking it as a dispute resolutionauthority of the final way to further deepen the social contradictions; contrary to theharmonious and stable social objectives. The reason of false action spread socialmoral integrity deficiencies, also have the reason of judicial mechanism is not perfectand the legal system is not perfect and so on, to solve this problem should becomprehensive, step by step, to improve the legal system is important.Although the new civil procedure law provides procedural law against the falselawsuit behavior, and in recent years all over the judiciary to pay more attention tofalse lawsuit, combined with the actual situation in the region have issued the relevantpolicies and regulations, but still not enough to curb the phenomenon of falselitigation occur. At the same time, theorists has not yet formed concepts and cognitiveconsistency in judicial practice, is the lack of uniform judicial practice standards andscales. So, what is the law should regulate civil fraud litigation, as well as theconstruction of the concrete regulation system should become the urgent problems ofjustice. TThis paper discusses the civil fraud litigation refers to both parties to seek illegalinterests, malicious use of civil procedure, take malicious collusion, conceal the truth,fabricating false evidence, making a false debt and other means, to cheat the judicial organ to make wrong judgments, the damage of the third person’s legitimate rightsand interests or social public interest. This paper mainly from the following four partson the civil false lawsuit to explain:The first part, starting from the basic issues of the civil fraud litigation, mainlydiscusses the concept, characteristics, and illustrates its and malicious litigation,litigation fraud, abuse of procedural rights of these similarities and differencesbetween the concept of connotation and denotation, in-depth understanding of falselitigation.The second part, through the typical cases, and make the appropriate analysis;followed by introducing measures in recent years, Jiangsu, Jiangxi, Heilongjiang andother places for the prevention and investigation of false litigation measures, showthat the regulation over more and more attention to false action, and the experiencefor the legislation will provide strong reference；then analysis the false litigationpractice in multiple areas of generalization, such as divorce, property false litigation,civil litigation loan type false, false corporate property disputes related litigation.The third part discusses the origin of existing civil litigation problem, mainlymanifested in the following aspects: the abuse of litigious right, lack of social andmoral integrity, the negative effect of the adversary system, some defects of thelitigation system, such as lack of relevant legal obligations.The fourth part is the improvement of regulation on the civil fraud litigation,such as proposed to clarify the true obligations of the parties, the reform of thejudicial system to deal with the internal mechanisms to strengthen and improve theCivil Procedure Law, the relevant provisions of substantive law to raise the cost ofillegal sham litigation. The last part, based on the frame of the paper and points ofview, is the author of the civil fraud litigation general view, also expressed the civilsociety and the rule of law, false perfect regulation litigation bright future withconfidence.