The Regulation Of Civil False Litigation

In recent years,with the rapid economic development of China,citizens’ ideas especially the values have changed greatly,which can be seen in their gradually awakened legal consciousness,their attention to the protection of personal interests,and the strong social atmosphere in striving for legal right.As far as the litigation field is concerned,the citizens of our country have already completed the subversive transformation from "disgusting litigation","no litigation" to "loving litigation" and "litigation".Over the past decade,the number of cases accepted by the courts in China has risen greatly.This has become an era of litigation explosion.The false litigation in the judicial practice also shows a "prairie fire" trend,which is contrary to the value orientation of civil litigation.It also undermines the normal litigation order,taking up the scarce judicial resources,damaging the real right of People’s legitimate rights and interests.In this way,the courts and judges become a tool to infringe the legitimate rights and interests of others,so citizens will doubt the judiciary’s impartiality and credibility.As a basic standard to adjust the social chaos,the law has the necessity to regulate the situation.However,various problems is still in the way,for example,the lag of theoretical research,imperfect legislation and the shortcomings of the judicial mechanism leading to the fake litigation.In a word,false litigation seriously do harm to the authority of the judiciary and its credibility,so it must be prohibited right away.Therefore,it is necessary to provide legal guidance for solving the problem of false litigation in practice,including it into the legal system and forming a systematic and scientific legal system.The civil fictitious litigation in this article refers to the fictitious legal relationship that the perpetrator maliciously collapses or unilaterally,provides false evidence,sues the litigant as a litigant,or abuses the mediation system to obtain illegal interests and legitimate rights and interests of others.In this paper,the interpretation of the civil lawsuits is divided into the following four parts:In the first part,the author starts from the basic problems of civil false litigation,mainly discusses its concept,characteristics and constituent elements,and helps to understand the definition of false litigation.Furthermore,it discusses the value of prevention of civil false litigation from the perspective of the harm and necessity of civil false action.In the second part,the paper first analyzes the typical cases of the same type of false litigation cases,and summarizes the multiple areas of the false litigation in practice,such as private lending,divorce,and then analyzes the reasons for the high incidence of false litigation cases from the problems of legislation regulation and judicial practice.The third part examines the legal system of civil lawsuits abroad,compares the civil law system model and Anglo-American law system model,and points out the defects of the legal regulation of the civil procedure in our country from the angle of comparative law.It will provide useful reference for the legislation of our country in regulating civil fake litigation.The fourth part focuses on the prevention and control of civil lawsuits against false positive measures.It starts from a high degree of principle.A clear regulation of false litigation should establish the principles of litigation such as honesty and punitive damages;then,the author tries to probe into the concrete countermeasure to regulate the civil false action and realize the dual regulation of the procedural law and the substantive law from perfect civil procedural law.At last,from the perspective of the universal connection,the relevant social auxiliary mechanism of preventing and regulating civil false litigation is explored,so that the fictitious litigation can be a scientific system for all-round protection of the real interests of the people.