The Judicial Observation On False Civil Litigation

In recent years, with development of China’s economy, thoughts of citizen,especially the values are undergone great changes, and the awareness of law are alsogradually awakened. What’s more, citizens increasingly attach importance to theprotection of personal interests, and a increasingly strong social atmosphere ofsupporting rights by law is formed. In terms of litigation system, Chinese citizenshave completed the disruptive change from Litigation Aversion, No Litigation, toLitigious and Excessive Litigation. Over the past decade, the number of case beforethe court is of linear upward, and a era of Litigation Explosion is coming. As agrassroots civil judge in the era of litigation explosion, the writer has witnessed thecitizen’s consciousness of law increasing significantly and they becoming using legalweapon to protect their legitimate rights and interests. At the same time, there is sucha phenomenon that some of so-called the person, who knows the law are against thespirit of the law to take malicious collusion, adopt the fictitious legal relationship,and fabricate the case facts. They try to make the court make a wrong judgment,mediation or execution, so as to obtain false civil litigation of illegal interests. Courtis the forefront of judicial practice, where the problems in legislative and judicialpractice can be easily found. In terms of the False Civil Litigation, the writerinvestigates the grassroots Court of Liaoning Province, the research object includes10civil judges working in civil and commercial matters more than5years, there areeight person who said they have encountered false civil litigation cases, and sevenperson said the number of such cases has increased a lot in recent years. FalseLitigation spreading through the juridical practice is depart from value orientationwhich settles conflict in Civil Litigation, and it has disturbed normal judicial order,wasted the pretty infrequent judicial resources, and infringed lawful right ansinterests of an outside in the case, the most serious is making court and judgebecome tools to infringe other lawful right and interests, hence the impartiality andcredibility of judicial authority are doubt by civics. False Litigation is like barnyard grasses in the judicial field, which has became a harmful weed endangering justiceseedlings, and it must be get rid of. False Litigation is common as well as differentfrom concept of Malicious Litigation and Litigation Fraud which are researched bymost scholars currently. The behavior of False Litigation challenging judicialimpartiality and seriousness publicly makes native judicial activities as a tool to getillegal interests, and its social damage is more than other behaviors abusing litigationright. False Litigation appeared in the area of civil, criminal and administration, ofwhich Civil False Litigation is particularly rampant. This paper only focuses on CivilFalse Litigation, by introducing the definition of False Litigation and comparingthe abuse of litigation such as False Litigation, Litigation Fraud and MaliciousLitigation, to summarize the characters of False Litigation and the ways to identifyin practice. And on the basis of analyzing Civil False Litigation cases,countermeasures to regulate Civil False Litigation will be put forward to curb FalseLitigation furthest.