Research On The Causes And Countermeasures Of False Lawsuit

In China's civil action,the phenomenon gets worse that litigant parties institute a false action through malicious collusion,which not only damages the legitimate rights and interests of a third party,but also wastes the judicial sources of the state and reduces the judicial credibility.Therefore,it is urgent to curb false proceedings.In order to ascertain the false proceedings,it should be firstly confirmed that such proceedings are different from generally malicious prosecution as well as false-status proceedings and the criterion of false proceedings depends on the fact that litigant parties avail themselves of the judicial powers of courts to achieve the effective adjudication for fighting against others through the collusive false proceedings.Furthermore,there are considerable reasons for the false lawsuits.First,the lack of credibility has resulted in the abuse of litigious rights.In addition,due to the influence of current lawsuit pattern,conciliation system and system of filing case,it has been difficult for the judiciary to identify the false lawsuits.Finally,the shortness of legal system has exacerbated the false lawsuits.Therefore,a diversified regulation system must be established to check the false proceedings;priority must be given to the balance between the relativity of effects of adjudication and the solution to disputes only once under the principles of ensuring the litigious rights and preventing the abuse of lawsuits;an equal emphasis must be put on the procedural law and substantive law,thus improving concrete measures,regulating the abuse of litigious rights,strengthening the judicial activity,coordinating civil and criminal procedures and succoring people other than involved in the case.Only by taking measures mentioned above,can a complete system be constructed to contain the false lawsuits.