The Civil False Litigation And Its Regulation

In recent years, people's legal consciousness is constantly improving. Sloving disputes and protectin g people's rights and intetests by lawsuits are used in the first place. However, there still exists the possibilit y of abusing one's authority. For example, a kind of phenomenon, fraud litigation, often takes place in the c ivil action. Society develops rapidly, some problems still exist. With the help of legal rights, some parities f alsify evdience and comspire conspiracy So that they could make up the false case facts and institue false p roceedings. Therefore, seeking illegal interest byseemingly legitimate means is commom occurance.When reasoned the causes, not only is the lack of social morality, honesty and credit character, but also a series of reasons of common cause as the existing legislation imperfect lack mechanism and related regulation and so on. Such cases occur frequently, not only greatly infringes the legitimate interests of others,the behavior runs conter to the principle of good faith, and disrupted the normal order of judicial, damaged inherent in the judicial authorityand credibility at the same time.To this end,this article in order to study the civil false litigation and its regulation,in order to study the conclusion of the relevant system to improve the benefit.This paper is divided into four parts:Through the first part explains the concept of false action, combine related cases in practice, forms a brief analysis of the false action,then analysis the false litigation in multiple areas of generalization,such as civil litigation loan type false,divorce property false litigation,the false lawsuit cause by the bankrupt enterprise,to summarize characteristics of false litigation present, in order to better understand the false action.The second part reveals the causes of false litigation in multi-perspectives from the society, the existing system-level. Mainly: the driven-interest at market background, the lack of integrity in society, the disproportion between illegal costs and benefits, the expansion of litigant lawsuit mode, the inherent limitations of civil mediation system, the imbalance of justice and judicial efficiency.The third part mainly analyses the defects of current civil false litigation mechanism and existing related problems from the existing problems of suit of the third party discharging the judgment, the existingproblems of the civil rules and regulations of the false litigation, and the problem in the criminal regulation mechanism of the false litigation.The fourth part mainly proposes response measures for civil false litigation, such as raising law-abiding awareness of citizens, improve the corresponding illegal costs and so on.According to the disscussion above,the paper comes to a conclusion and gives some suggestions to the existing detects or problems of suit of the third party discharging the judgment, the civil evidence censorship, and the mediation system, to improve the relevant legal system from the legislation and the justice.