The Procedure Regulation Of Guard Litigation Fraud

In this article, the author will adopt Chen Gui Ming teacher’s definition of litigation fraud.The litigation fraud, only refers to the litigation participants malicious collusion, through the civil legal relationship or legal fiction fact, conform to the procedure of litigation form, attempt to use the court referee to litigation infringes on the property.It at the expense of judicial authority at the same time, also in the legitimate rights and interests of a serious violation of the relevant person to the construction of the rule of law society buried the hidden trouble of the injustice.This is what I understand the importance of the regulation of litigation fraud.New “civil procedural law” the relevant provisions of the principle of good faith,The third person cancellation suit,damages of malicious collusion on the parties and the person subjected to execution of malicious collusion evade the legal obligations of the law, etc.To construct the regulation system of part of litigation fraud.Fill the blank in the problems in the civil procedural law system.However, we must clearly recognize that our country related laws and regulations are still lack of standard system and system adjustment.In this paper, in the field of civil litigation, from the aspect of application,focus on the present situation and application of litigation fraud regulation in our country,The main research content is composed of the following three parts:The first part,in the perspective of the status of litigation fraud investigation,from the present situation, judicial status,etc.Interpretation, analysis the status of litigation fraud procedure regulation in our country.The second part,examine prevention strategy choice of litigation fraud.And according to the investigation national litigation fraud, summarized the path and the choice of using for reference.The third part,combined with the actual situation of our country,from the principle regulation,regulate trial procedures and activities,etc. to perfect the procedure of the litigation fraud regulation.This paper has a certain practical significance.Of course, to a comprehensive scientific litigation fraud prevention remains to be further elaborated and research.