Research On Dishonest Problems Of Litigants In Civil Action

As a way of resolving disputes,litigation is the inevitable outcome of the development of our times.With the continuous improvement of the rule of law and the deepening of the judicial reform in our country,the citizen's consciousness of resolving the contradictions and disputes through litigation and aspirations for just and equity is increasingly strengthened.However,driven by the interests and other factors,there has been an occurrence of dishonest problem in litigation.Some litigants take advantage of litigation as a legitimate way to obtain improper benefits.In order to win a lawsuit,they unscrupulously abuse their rights conferred by law.This behavior not only disrupts the litigation order but damages the legitimate rights and interests of others.In recent years,though there are many studies and discussions on dishonest and malicious litigation of litigant at theoretical level,the studies to the type of dishonest problem in litigation is not yet sufficient.What's more,the existing discussions on the problem are scattered in some papers and survey reports,the systematic research and study are scarce in the regard;at the same time,the existing theoretical results to the manifestation of dishonest problem in litigation need to be further mining and the misinterpretation of taking the abuse of procedural litigation rights as litigation technique still exists.The dishonest problem of litigant is not only an important problem in the procedure law theory but also causes a lot of operational problems for justice practitioners in practice.What need to be especially noted is that,to identify and regulate litigant's action of the excessive use or abuse of litigation rights in the proceedings,the judge's view as a centered judge,the exercise of litigant's legitimate rights in litigation and the original intention of the relevant legislation shall be taken into account.In this sense,it is hard to formulate a precise concept for dishonest actions in litigation.Through elaborating the general issues of dishonest problem in litigation,referring to the relevant literature as well as a large number of investigation and survey in judicial practice,this paper analyzes the common manifestation of dishonest problem in each litigation phase,from the startup of the proceedings,the trial of the court to the implementation of the litigation;analyzes the formative causes of dishonest problem from the perspective of society,litigant's morality,economic cost and law system;analyzes the shortcomings of the current legal system in China by referring to the relevant laws and regulations of China and foreign countries;and finally put forward the targeted and practicable resolutions that can balance the interests of all parties from the dimensions of procedure,entity and auxiliary mechanism.