Identify And Regulate Civil False Lawsuit

With the rapid development of the economy,the demand for construction of rule of the law becomes more and more strong which needs the strict procedural law.Procedural justice is the premise of substantive justice.The proper use of procedural rights is conducive to the realization of social fairness and justice.However,the rights will also cause the possibility of abuse.As the last barrier to protect the interests of the parties and to settle disputes,civil litigation is to safeguard social fairness and safeguard the legitimate rights and interests of the parties in the individual cases.But it is often used by some people,they look for loopholes in the law.And then,in the civil proceedings,they carry out false acts with the right given by the law and damage the legitimate rights and interests of others for their own illegal interests.The number of false civil litigation cases reported by the media and the judicial system increase sharply.Civil false lawsuit refers to the act of infringing upon the interests of the state,the public interests or the legitimate rights and interests of others by the civil procedure which is in order to avoid the laws,regulations or national policies or illegally access of property through the malicious collusion and fictional facts.In practice,we should strictly distinguish some connotation and extension of similar concepts,such as the civil false litigation and malicious lawsuit,abuse of litigious right and litigation fraud.Private lending disputes,divorce analysis of property disputes,well-known trademark recognition,corporate bankruptcy debt disputes and other areas are the high incidence of false civil litigation.The reasons can be summarized as the lack of social integrity,the imperfect civil litigation system,and the single sanctions.Frequent civil false litigation not only damage the legitimate rights and interests of the parties,but also violate the law,undermine the authority of the judiciary which make the limited judicial resources not be effectively used and let people no longer trust the law.At present,the academic circles have not formed a complete theoretical system for the study of civil false litigation.And chinese legislation on the content of the civil false litigation is also very rare.Although the civil procedure law provides for the principle of good faith and some measures to regulate civil false litigation,but many measures do not have strong operability.The principle of good faith is only to provide the guidance of the principle,and the standard and regulation method of civil false litigation still need to be clear.Some of the procedures associated with no substantive measures are lack of deterrence,which is difficult to curb the growing trend of civil fraud litigation.This paper starts with the basic problems of civil false litigation,and takes the concept and characteristics as the breakthrough point to analyze the causes of the formation of civil false litigation.It finds out the method and discusses the regulation of civil false litigation in order to effectively curb the purpose of civil false litigation.