The Research On The Prosecutorial Supervision Institution Of Fictional Action

In recent years, the values of pluralism, lack of social integrity.In Civil Litigation fictional action problem intensified, severely limited legal resources spent, interfere with the normal legal order, endanger the legal authority, dignity.Practitioners and theorists are increasingly aware of the problem, the judicial practice mostly limited response measures taken on the basis of trial experience, but because of a false lawsuit in practice difficult to find, as well as the diversity of the types of cases of false lawsuits, some of the existing measures in the regulation of false civil action did not achieve the desired results.The party's eighteen Fourth Plenary Session clearly stated, "to increase the punishment to false lawsuit." New Civil Procedural Law 2012 modified, enriched the connotation of the theory of Civil Supervision, coupled with the implementation of "People's Procuratorate Civil litigation Supervision Rules(Trial)",which are the public prosecutor's supervision to curb false lawsuit provides theoretical support and system security.Browse through the available literature, the earlier civil false complaint has no precise definition of a unique definition, mostly based on their academic study concluded, or judicial practitioners combine their practical experience summed up the trial. 2012 revised "Code of Civil Procedure" specifically for the false lawsuit provision regarding sanctions, but insufficient efforts to punish, still not enough to curb bogus lawsuits.False and malicious litigation and litigation proceedings related concepts bully confusion scenario.Legal concepts need to constantly improve the practice, but does not affect the continued study of this issue.We learn from scholars in the study based on the re-analysis of the false notion of proceedings: the parties in the proceedings before the malicious collusion, fictional facts of the case, the fictional legal relationship, forged, false evidence to the identity of the implementation of a civil action lawsuit, in order to obtain illegal interests. Lawsuit false reasons are many, but the most fundamental and most important is the low-cost illegal, having no deterrent sanctions and force, is expected to appeal the huge illegal benefits.False civil litigation problem persists, the presence of defects and deficiencies of the existing relief system.Although the "Criminal Law Amendment(ix)" Article 301 of the preceding paragraph, the "false crime lawsuit," but there are a lot of civil litigation and false high, with varying degrees of harm, criminal sanctions limited regulation range. Therefore, the best strategy false Civil litigation countermeasures, than the existing configuration on the civil justice system and institutions, research new responses. Procuratorates are organs of legal supervision, Civil litigation false cases outsider prejudice the legitimate interests of the micro, the macro undermined the authority of the law.Thus, prosecutors need to strengthen its prosecutorial oversight functions, protect the legitimate rights and interests of the Third Party, safeguard judicial justice and social justice.The first part of the article first basic situation of fictional action to proceed, the definition of sham litigation, causes and characteristics and dangers of analyzing and interpreting, also incorporates a similar concept of malicious litigation, litigation fraud and other comparative analysis further defined herein prosecutorial supervision the target audience;Therefore, the need to better improve procuratorial supervision system, from the perspective of the construction program targeted to solve the problem of false litigation; and the third part of the evolution from the judicial status and of prosecutorial supervision system and problems of two aspects of the current sham litigation Situation procuratorial supervision were set forth for the specific construction of the fourth part of the article involved in the prosecution of false litigation to provide references; the fourth part preliminary exploration on the prosecution involved in litigation false basis and specific procedures; the fifth part of other relevant Procuratorial Superintendence measures to curb false litigation.