Research On The Legal Regulation Of The Civil False Action

Many regulations were issued to prohibit the false civil lawsuit in our country but turned fruitless.Such lawsuit can be harmful to the juridical authority, also to the integrity of the whole society. In this sense, the problem of false civil lawsuit can not be ignored. More regulations should be issued to prevent the villains from all-edging such lawsuits. The concept of “false civil lawsuit”was defined in 2012 in the Civil Procedure Law, the definition helps a lot in the aspect of litigation. However, in the juridical practice there are a lot of problems need to be solved. In this paper, some problems in false civil lawsuit were pointed out, some advices were given referring some letigations abroad. I hope such advices can contribute to prevent the false civil lawsuit and increase the integrity of the whole society.This paper is divided into four parts as follows:The first part is an overview of the civil false litigation. This part adopts the comparative analysis method, through the discrimination of the false litigation and other related concepts, the definition of the concept of false litigation. From the practice, the main characteristics of the false litigation cases are summarized, and the multiple cases were studied.The second part is the cause and harm of the false lawsuit. Through the analysis on the causes of false civil procedure, this paper argues that its produce is a social credit system needs to be established and perfected, social lack of moral integrity, behavior without the burden of moral, limitation of the procedure on the other hand, mediation system, rules of evidence, related laws is not perfect, expected return far outweigh illegal cost existing problems to its legal opportunity multiplicative. Once the civil false action occurs, it not only destroys the construction of social credit system, but also damages the state judicial system and the legal rights and interests of others.The third part is the overseas investigation of the false litigation of the civil law. Through the countries of continental law system and Anglo American law system to prevent false litigation experience that in criminal law on the crimes and false litigation as a tort of a rules, to prevent false litigation has played a positive role.The fourth part is the legal regulation of the civil false action. Establish and improve the national credit system, from the source and thought to guard against false litigation; give full play to the role of the principle of honesty and credit, regulation of the parties and lawyers, guarantee the litigious truth; strengthen criminal law and the civil procedure law in the regulation of false action effective convergence, and for its as a tort in substantive law regulation, improve the mediation system effectively prevent its occurrence; by appropriate strengthening the power of judges, strengthen supervision of the pro-curatorial organ and strengthen public security coordination and cooperation and other ways to the of prevention and regulation.