Analysis And Response Of False Civil Procedure

With the advancement of the law, more and more people begin to recognize the authority of law, the legal consciousness of people is enhangcing and the litigation is growing. At the same time,The false civil procedure is increasing, which seriously interfere the normal litigation activities and the people’s interests,who involved in the litigation. This text sets about from the basic problem of false civil procedure, the comparative analysis of false lawsuit system at home and abroad and on the basis of theoretical support, the false litigation legislation idea is put forward, in order to help to contain false civil action.This article divided into four parts:The first part: About the basic issues, mainly about the concept, the characteristics and the forms of the false civil procedure. With comparison of the concept of malicious litigation, civil litigation right abuse, etc for a correct understanding on the phenomenon of false civil procedure, and the present situation and the cause analysis of this phenomenon.The second part: From the Angle of history and comparative law, false civil procedure regulation analysis and investigation, draw lessons from foreign related regulation false litigation theory, think the regulation of procedure law and entity method system is undoubtedly the powerful tools for the regulation of false civil procedure.The third part: This paper mainly discusses the theory support for the false civil procedure regulation. The idea about false civil procedure’s legislation. This paper argues that the false civil procedure for effective regulation, need from the perspective of substantive law and procedural law to build the infringement of false action direct regulation system, and through the perfect of the false civil litigation to the victim’s relief to indirect regulation of legal effect.