Dilemma And Promotion Suggestion On Regulating Civil False Litigation

Prior to reform and opening, the thought of “hatred to litigation” prevailed among Chinese citizens, everyone tried to avoid it. However, as the society deepens the rule of law constantly, the social economic keeps developing and the thoughts of citizens goes forward, civil litigation plays a growingly important rule in maintaining the legitimate interest of the citizens and resolving social disputes. After the reform and opening, civil litigation cases within the country once increased fiercely, especially in the developed regions. However, as the civil litigation grows mature, some side effects also come along. We’ve found that, recently some people make use of the civil litigation as a tool to pursue their own interest, and conduct false litigations. This not only detriments the legitimate interest of others, but also harms the national and public interest, and is a challenge towards the sovereignty of law, and a blasphemy to legalization. The reason why civil false litigation become more and more prevalent is that there’s huge interest behind driving it. The cost of disobedience of law is little, almost none.In 2012, the PRC Civil Procedure Law was amended, and in 2015 the Interpretation to the Civil Procedure Law came out, including the relevant articles regarding regulating the civil false litigation; Besides, the Ninth Amendment to Criminal Law promulgated in August 29, 2015 even includes the false civil litigation act in the criminal regulation system and add an accusation called “false litigation”. The revision of law and link between civil and criminal law regarding regulations of civil false litigation are quite significant to fight against civil false litigation in the practice of law, however, there are still some issue left behind the legislation. This paper is just under this context, and this paper tries to analyze the dilemma in regulating civil false litigation, and raise my own thought to bring forward the promotion suggestion in regulation such unlawful behavior.This paper composes of three chapters. The first chapter is introduction, in which the author distinguishes between similar concepts with respect to the civil false litigation, i.e., false litigation, malicious litigation and litigation fraud. Also, there’s a summary of the types of civil false litigation cases, so that the reader can perceive the area of the civil false litigation vividly. Besides, there’s also analysis on the characteristics of such litigation so as to better identify and regulate such action. The second, third chapters are the major parts of this paper, where the author analyzes the current situation and dilemma with respect to legislation and jurisdiction, such as the third-party revocation actions is not as strong as it’s said to be in regulating the civil false litigation, and it does not link with the tort relief, the victims of this action do not enjoy indemnification and protection; although the Nine Amendment to the Criminal Law has articles about accusation to civil false litigation, but the wording and content of these articles are worth discussing. Moreover, with the nature restrictions of the lawsuit mediation and evidence regime, the identification and regulation are not easy either. In the judicial level, the author analyzes 176 court decisions, and summarizes the key issues in the practice of the third-party revocation actions, i.e., unclear position of this regime, the court rarely affirm the civil false litigation, the trying procedures are out of order, the appropriate qualifications of the plaintiff are vague. In this case, the author brings forward its suggestions regarding how to promote the regulations. Firstly, the tort damages indemnification system should be establish, and the accusation of civil false litigation should be perfected, secondly, we should establish the identification and review system of those cases without dispute, we should enhance evidence review, keep an eye on the self-confession of the parties, and carry out the principle of good faith so as to efficiently prevent the civil false litigation. Besides, the author also brings forward targeted suggestions towards the practice of the third-party revocation actions.In terms of the civil false litigation, the soundness of the law cannot match the fast development of the society, what’s exciting is that the civil and criminal law has noticed such areas, so preventing and regulating such behavior has gain a historical progress. We hope that the consequent regulation shall follow up quickly, and try to establish the legal prevention, identification and regulations soon.