Legal Regulation Of False Litigation

False litigation refers to the act that the parties of civil action, with malicious collusion, make up the civil legal relationship and the fact of the case to induce the court make judgment, for the purpose of obtaining the illegal interest. In recent years, the number of false litigation cases increased yearly around the country, which has aroused widespread concern from practitioners and theorists. The relevant laws have regulated the false litigation. The laws in regard to governing the false litigation are already established, or are being established. "Civil Procedure Law of the People’s Republic of China" provides for the legal consequences of false litigation and relief programs. "Criminal Law Amendment (ix) of the People’s Republic of China (Draft)" also establishes new charge against the false litigation.At the economic background of all pursuing interests, due to the lack of the ethical awareness and legislation, more and more people treat the trial procedure as their tool to seek interests. They achieve illegal purposes by actualizing false litigation. False litigation not only violates the interests of the state, society and individual, and wastes the judicial resource, but also breaks the judicial order, and damages the judicial authority and judicial credibility. Although "Civil Procedure Law of the People’s Republic of China" has make measures to regulate the false litigation, due to weakness of the punishment, it still can’t to control the false litigation. As civil substantive law doesn’t have specific stipulation about the tortious liability of false litigation, the victims can’t be fully protected by the law. When punishing the false litigation, courts of different district give different criminal sanctions, which caused the judicial chaos. This paper attempts to study the legal regulation of false litigation from the point of civil procedure law, civil substantive law, and criminal law.This paper is divided into four parts:The first part is an overview of the false litigation, including the definition of the false litigation, the difference between false litigation and other concepts, the feature summary of the false litigation, the causes and harms of the false litigation. The second part is about how to identify and find the false litigation. Introduce two standards to identify false litigation, including malicious collusion for the purpose to seek illegal interests in subjective aspect, and filing a suit with false facts in objective aspect. Strengthen the judge’s right of obtaining the evidence by itself to find out the false litigation which may damage other people’s lawful right in civil litigation proceeding. The third part discusses the legal consequences of false litigation. False litigation should be taken forced measures for impairing the civil action in civil litigation proceeding. Confirm tortious liability of false litigation in civil substantive law. Use the charge of litigation fraud to charge the criminal responsibility of false litigation. The fourth part studies the relief for the victims of false litigation, discusses the third party’s applying for retrial system, the third party discharging the judgment, and prosecutorial supervision on false litigation, points out the existing obstacle of relief, and provides sufficient relief for the victims by making purposeful legal explain.This paper argues that from the perspective of the civil procedure law, false litigation is an act of impairing the civil action, from the perspective of civil substantive law, false litigation is a tort, from the perspective of the criminal law, false litigation is a kind of crime. False litigation once was just a social phenomenon, and later developed into a social problem, but now has become a legal issue. It is necessary to carry out a full range of legal regulation to curb its further development.