Research On Civil False Lawsuit Regulation

In recent years,with the development of economy,civil false lawsuit happened frequently,with a deep development of the filing system,not only litigation is more convenient,but also facilitate the civil false lawsuit.The civil false lawsuit harms the states’ legitimate rights and the collective rights and harm the interests of others, causing the waste of judicial resources and damage the credibility of justice.Criminal law amendment (nine) have included false litigation sin.On the civil procedure law for the perfection of the legal regulating of the civil false lawsuit will increase the deterrence of civil false litigation action,so as to better safeguard social fairness and justice,promote the harmonious development of society.In this paper,the author studies on civil false lawsuit legal regulation.First,I make the original rational analysis,through comparative analysis of the concept of similarity and the introduction of the typical cases define that "the offender,taking advantage of the information asymmetry,to collude with each other and with the method of fabricating the case facts and evidence so as to get the identity of the parties to go to the civil litigation and induce the court make wrong to judge,to obtain illegal behavior of interests purpose."Then,this paper deals with the characteristics of the false civil litigation in our country and analyzes the necessity of legal regulation of civil false lawsuit.In this article,through the comparison research method,the author introduce the foreign regulations and regulating the focus of Germany,France and the regulations of the Macao region in China,at the same time,the relevant provisions of the current legislation of our country are introduced,include the guide of the principle of good faith,the method of the third party to cancel the suit,the introduction to the detriment of the civil litigation compulsory measures and the increase the scope of supervision inspection.Through the four aspects to analysis the present problems existing in the legal regulation of civil false lawsuit.We found the problems and solve the problems so that the system will be better.The core content of the article is that through the study of the above two parts,put forward the problems and the proposals of the civil false lawsuit legal regulation.The advice include the detailing of the application of the principle of good faith(include the detailing of the avowed rules of evidence system and the increasing the scrutiny of the settlement agreement),the opening of the third person of the lawsuit relief ways,the perfecting of the legislation of the third person for litigation right safeguard and the increase of the intensity of civil checking and supervision.The author hope that through these programs and the perfection of legislation to achieve the legal purpose of civil false lawsuit.The development will make a more reasonable and effective use of judicial resources so that giving full play to the role of the law to protect the rights of the parties,in order to promote the harmonious development of social fairness and justice.