The Regulation Of Civil False Litigation

The increasing of civil false litigation cases has become a big problem in the judicial organs, under the judicial organs' oral appealing, the lawmakers revised "Civil Procedure Law" in 2012, increased the regulation of civil false litigation provisions. For the provisions of civil false litigation has not been widely discussed by the scholars, the effect of regulating false litigation is not prominent in practice. It is not difficult to see from the existing law that the people who regulates civil false litigation is judge. The false lawsuit focuses on the relief measures, such as giving the victim for a retrial, the suit of the withdraw by the third party,participate in the distribution of executive lawsuit. The existing remedies are still not provided to all the subject who has material or spiritual loss caused by false litigation. In addition, some judges' business level is not high, judicial efficiency and judicial justice is unable to achieve the balance, examiner assessment mechanism is not reasonable. The all reasons increase the difficulty that the courts recognize false litigation. The civil false litigation has the complexity and the hidden nature, which decides that the regulation needs to perfect the law, the judicial guarantee and the social assistance. The legislature can draw lessons from the experience of other countries and regions and give the way to the third party to enter the proceeding before suffering damage, to initiate a lawsuit of compensation for infringement damages and suit of the withdrawal by the third party after the damage to the rights and interests. Judicial organs need to improve the level of business, build a scientific evaluation mechanism, improve the judicial linkage to improve the capacity of recognizing and regulating the civil false litigation.Finally, we need to build the construction of social credit system, making it become the auxiliary power to regulate the civil false litigation.