On The Tort Liability Of False Litigation

There is a high incidence of false litigation in China,which is of serious hazard.The new amendments to the Civil Procedure Law in 2013 stipulated the false litigation.The Criminal Law Amendment(IX),adopted in 2015,sets a crime of false litigation.However,its current legal regulation is flawed,the responsibility of civil procedure law and the criminal substantive law do not have the function of making up for the loss of victim,but Tort Liability Law does not make clear provisions for it False litigation infringement has no concrete bas is for the application of law.There have been judgments of false litigation infringement cases in practice.The beneficial exploration in the fight against false litigation make more and more false litigation infringement be verified.The legislative attempt and theoretical research on false litigation infringement are also increasingly deepened.Therefore,false litigation should be brought into tort.The main types of false litigation contain the collusion between two parties,which appears as perpetrators filing a suit by fabricating facts not existing to damage of thers' rights and interests,and the unilateral fraud,which manifests as one party fabricating facts or evidences to file a suit in order to damage the other side's rights and interests.False litigation exists in civil,administrative and criminal proceedings.Some false litigations are made to infringe property,whereas some are not The contents fabricated in some false litigations are all facts of the case,while in some are partial facts.The behavior of false litigation is not limited to fabricating facts,also includes hiding the truth.It is an inferior concept of malicious lawsuit and abusing litigious right The character can be generalized as that it exists in various litigation fields,the object infringed is diverse and the mean of behavior is covert.False litigation tort liability applies fault liability principle.There is no separation between the action subject and the responsibility subject,thus false litigation infringement is a kind of typical general infringement.False litigation tort liability does not focus on the protection of litigation rights,but on the entity rights and interests,and responsibilities constitute should be made clear.The actor should carry out acts of collusion or hypocrisy,which is extended to the lawsuit.The facts fabricated should be in accordance with the conditions of prosecution and convince the court.False litigation infringement is subjectively expressed as intention,mainly manifested as direct intention,and in some cases,it can also be indirect intention,but can not be gross negligence.The result of false litigation is to infringe the rights and interests of others,mainly to infringe interests,including creditor's right stockholder's interests,the interests of the bill,occupation and pure economic loss interests,etc.Both property damage and non-property damage should be covered in the result.False litigation tort liability exists in the field of civil,administrative and criminal litigation,including the procedure of enforcement and mediation,but excluding arbitration and quasi-judicial administrative procedure such as administrative penalty.Not only litigants,but also witnesses,appraisers,translators and other litigation participants are the responsibility subjects,which also include lawyers,but do not include judicial officials.The method of bearing responsibility is mainly but not limited to property liability.In terms of the scope of compensation for the damage,all the necessary expenses of the aggrieved party arising from the involvement of false litigation,the loss of property caused by false litigation itself,and the cost paid for various remedies in the event of a reversal of false litigation results should be compensated.Lawyer's fee should be included in the scope of compensation,but mental injury compensation should be strictly limited,and punitive damages should not be applied.