The Research Of False Litigation And Precaution

In recent years,the frequent false litigation phenomenon,not only innovation on the form and means,but also as “a rising tide lifts all boats” harmful to the society as an extension of the subjective vicious behavior person,also occur in the field of extension.False already disrupted the normal order of the judicial lawsuit behavior,cause waste of judicial resources,damage the judicial credibility,and serious violations of the legitimate rights and interests of others.Investigate its reason,both the parties to the lack of good faith idea;There are lack of legal regulation,lack of supervision,the court system in the design of the hole.Therefore,false litigation act into the punishment has its rationality,through the criminal legislation to give false litigation actions to criminal sanctions,and to deter those false illegal attempt to suit,to curb the spread of false litigation purposes.To comprehensive governance false litigation,of course,not only requires the judicial organs in cognizance crime and the punishment of false litigation,accurate hold the offender's criminal responsibility,should also require legislative perfecting related crime,for example,will expand the scope of article 306 of the criminal law to civil litigation;Refine the constitutive requirements of crime of fraud,the fraud triangle clearly one of the means for fraud behavior,so as to realize effective connection between crime and fraud,false litigation for better regulation and prevent false litigation legal basis.At the same time,also play a role of supervising organs for false litigation supervision,the supervision of the supervising organ to false litigation not only has real justification,and have the advantage of role.For supervising organ on the supervision of trouble,for example,hysteresis of supervision and clues found difficult,the problem such as investigation to verify it is not easy,to improve the investigation to verify the system construction;To strengthen the supervision of the conciliation statement and execute a program;Build the supervising organs inside and outside collaboration mechanism and other measures to solve them,build the blow for false action together.In addition,false lawsuits in court,also shall be terminated on the court,the court are important for governance false litigation,it is to prevent false litigation form an important line of defense.In view of the court in the false case review,through strengthening the court lawsuit against false identification ability;Strengthening the court case information query;Reform of trial management evaluation system and improve the mechanism of false legal responsibility shall be investigated and measures to solve them,and work to prevent false litigation into the trial procedure.