Research On Civil False Lawsuit Questions

With constantly advancing society under the rule of law.the law playing an important role to adjust social relations,today,the economic developing rapidly,every aspect of social life,relying on legal adjustment.Proceedings act as the carrier of law enforcement,have become the important means to safeguard their rights and interests of people.Civil lawsuit is rigorous program activities which host by state judicial organization.But in the judicial practice in recent years,some illegal behavior person use the lawsuit procedure,malicious collusion,obtain their own interests which is illegal,caused serious damage to the interests of the collective or the state.According to statistics,in the year 2014 the national court sweep 3397 false cases,307 people are punished,the false lawsuit cases have been reported frequently,in November 2015,known as "the false action in the first case" sentence as false action,and a fine of 500000 yuan on the parties.The situation of false lawsuit is not optimistic,caused serious challenges to the judicial authority,and harmful to the construction of a judicial order.But the problem is more complicated and influence a lot.It’s need to cope with the combination of theory and practice jointly.Civil false lawsuit problems are practical problems,it needs to transform the practice of perceptual knowledge rise to rational knowledge,then,use the theory to guide practice acts in turn.The study of the theory on the false civil lawsuit in our country is not systematic,although many courts carried out documents to prevent and identify the false lawsuits on the basis of practice.for guidance in law and judicial interpretation on false action of prevention and control measures are still lacking.Civil false lawsuit is refers to the parties of civil action collusion maliciously,or make up of the subject of litigation unilaterally,or the legal relationship fabricating facts and evidence,,in order to obtain illegal interests from the mistake judge.It is illegal and invasive,there is no real confrontation or need between the parties concerned.It is different with malicious litigation,litigation fraud,abuse of procedural rights.The forms of the civil false lawsuit are diverse and complex.False litigation occurs mainly in the folk lending,marriage cases,the reason of it involves legislation,the judicial practice and social level.It is complicated,but the most important reasons are the review of the judge and the punishment.Combining theory and practice of civil false action corresponding to the reasons for the formation of false litigation,from the perspective of legislative,judicial,social as well as the procedure and entity.This paper put forward the perfect measures to guard against civil false lawsuit.