Identification And Regulation Of False Civil Litigation

In a background of gradually declining credit consciousness, as well as in a circumstance of changed other systems of Civil Procedure Law, the rapid increase of false lawsuit greatly influences the society and endangers the judicial authority and credibility. The fourth Plenary Session of the 18th CPC Central Committee also made clear instructions on this issue. In recent years, further improvements on the regulation of false civil lawsuit were made in the new revision of the Civil Procedure Law of the People's Republic of China and its judicial interpretations, as well as in the Amendment (?) of Criminal Law of the People's Republic of China. However, the legislation about this issue is not detailed enough, such as there is no clear definition of connotation and extension of false civil lawsuit until now. Scholars have strong controversies over some issues. Important theoretical and practical significance can be seen on how to correctly understand the harm of false civil lawsuit and further analyze its elements of qualification and way of regulation, which are problems this paper aims to solve,In addition to the introduction and conclusion, this paper is divided into four parts. Firstly, the concept of false civil lawsuit is defined. The common ground and mutual relationship of false civil lawsuit, malicious lawsuit and lawsuit fraud are pointed out through a brief comparison among them. Secondly, the subject and elements of qualification in false lawsuit are analyzed on the basis of analysis of the harm of false lawsuit. It proposes the idea that the subject of qualification in false lawsuit mainly refers to the court and the third party, and the elements of qualification refers to subjective malice, objective false action at law and unfavorable consequences caused by these factors. Thirdly, personal opinion is proposed on how to regulate false civil lawsuit. It is not practical to give the responsibility of identifying false lawsuit to the court (the judge). The emphasis is to increase the liability of the appealer of false lawsuit for the purpose of pre-regulation and to provide the third party with sufficient litigation rights to carry out ex-post control. Finally, evaluation and analysis are made on the problems of new revision of the Civil Procedure Law of the People's Republic of China and other relevant laws and regulations, and suggestions of improvement are proposed.