Research On The Causes And Regulations Of False Litigation

The revision of the "Civil Procedure Law" in 2012 and the regulation of the Civil Litigation Civil Litigation laws are of great significance to the full implementation of the civil lawsuits in the judicial practice.However,the issue of false lawsuits has still not been fundamentally resolved.The fundamental reason for the proliferation of false lawsuits is the failure of the system of civil lawsuits,which makes it difficult for the system to act as an opportunistic act to suppress false lawsuits.In order to achieve effective regulation of false lawsuits in this situation,we need to have a holistic thinking.We should analyze the current regulatory dilemma of "treating the symptoms and failing the symptoms" and clarify the rules for regulation.The institutional failure of civil lawsuits has led to the proliferation of false lawsuits,and institutional failures have also become problems that cannot be avoided in the process of judicial reform and the rule of law.The administrative operation of the judicial power led to the failure of the litigation system,the judicial view of efficiency priority and the judicial reform under the jurisdiction of the jurisdiction of the trial authority made the judge evade execution and "soft execution" for clear legal provisions.This is undoubtedly false litigation.People open the door to convenience.Therefore,for the regulation of false lawsuits,we should eliminate "motional governance" in terms of regulation;at the institutional level,activate the effectiveness of the existing system;at the level of the judicial system,abandon the "prioritization of efficiency"judicial concept,and eliminate jurisdictional standardism.It is truly "taking the trial as the center" to improve the quality of trials so that sham litigation actors cannot"swallow the water".This article is divided into five parts:The first part is to clarify the core issues of this paper through the analysis of the legislation and regulations of false lawsuits since 2012 and the analysis of the causes of false lawsuits in academic circles.With 2012 as the boundary,false litigation has gradually changed from a problem in judicial practice to a legal issue.From the legislative perspective,the revision of the"Civil Procedure Law" in 2012,the "Judicial Interpretation of Civil Litigation" in 2015 and the Supreme People's Court issued the "Supreme People's Court Guiding Opinions on Preventing and Sanctioning False Litigation" in 2016,all of which are false lawsuits.Regulations have made some provisions.The amendments to the "Civil Procedure Law" in 2012 increased the third party's revocation of the lawsuit,the principle of good faith,and the mandatory measures to regulate false litigation.However,the operation of these systems did not meet their legislative goals.For example,the third party revoked the lawsuit,which was recognized by the academic community as a system for regulating false litigation.The unclear legislative provisions resulted in the third-person qualified problem becoming an obstacle to the regulation of false lawsuits.important reason.Its operation in practice also shows that its function does not meet its legislative purpose.Therefore,the study of false litigation should be transferred from the past experience summary,type summary,harm and legislative response to the legal regulation of this phenomenon is effective and the cause of false lawsuits.The second part mainly examines the principle of good faith in the new lawsuits for falsified lawsuits in 2012,the lawsuits that the third party revoked,and the enforcement of the compulsory measures for false lawsuits.Through the analysis of the retrieved judgment documents,it can be found that these new regulatory systems that were added in 2012 did not achieve good operational results,and their functions of regulating false lawsuits have not been effectively implemented.The third part discusses the causes of false lawsuits.The basic reason for the occurrence and spread of false lawsuits is caused by the large area failure of the civil lawsuit system.False lawsuits are not simply caused by the decline of morality caused by social and economic development,as expressed in many research articles.The main cause is the failure of the civil litigation system,the related system is shelved and evaded,or "soft implementation." For example,the application of liberalization of the mediation system should bear a considerable proportion of responsibilities in the spread and spread of false litigation.The life of the system lies in execution.The formal rules stipulated in the law are circumvented,making many systems useless and ineffective.The fourth part is the deep-level analysis of the failure of the civil litigation system.The main cause of institutional failure lies in the administrative operation of judicial power and the influence of jurisdictional authority.The court's evaluation of the administration of the judges and the administration of the trial organization,typically such as the collegial system,make the judge's professional role mutate and restrict the quality of trial and judicial capacity.Faced with the pressure of "many people with fewer cases," judges are naturally pursuing faster cases.Therefore,under the influence of jurisdictional authority,the goal of the court has replaced the purpose of the system,and many systems have been selectively applied by the court and are in a state of failure.The fifth part is about the perfection of the legal regulation path for false lawsuits.The first thing to do is to rethink the practice of relying on the special rectification actions of these substantive departments to curb fraudulent lawsuits,and to abandon such "considerations" in subsequent legal regulations.the opinion of.The regulation of false lawsuits must be transferred from the current heavy relief to the prior guarantee.From the judicial operation level,it is necessary to abandon the "principle of efficiency-priority judging" and allow the judges to truly focus on trials,guarantee the quality of trials,and not give opportunists the opportunity to practice false litigation.The second is to activate the existing system,rationally deal with mediation,implement the evidence review system,regularize the principle of good faith,and improve the relief and regulation functions of the third party's revocation of the suit.A case entered the court,and after being judged according to law and safeguarded by procedures,it was able to truly curb the use of false litigation to facilitate the litigation of opportunism.