Research On The Regulation Of False Civil Litigation

In recent years, false civil litigation has occurred frequently and intensified trend,which fundamentally shook the authority of the judiciary, and the construction of a fair and efficient judicial system runs counter to. False civil litigation not only wastes valuable judicial resources, disrupts the normal order of litigation, but also makes the court become a tool against the legitimate rights and interests of others. Article 112 of the Civil Procedure Law, which was amended in 2012, provides for the provision of false civil action and has responded positively to the phenomenon of dishonesty in the field of judicial practice. This paper will try to legislate, judicial, two levels of the corresponding regulatory methods, hoping to be able to regulate the civil action of false. Full text from five aspects of discussion:The first part introduces the concept of false civil litigation, analyzes the similarities and differences between different views,and then puts forward their own views. Secondly,it discusses the characteristics of false civil litigation from the five aspects of the relationship between the actors, the degree of cooperation, the field of cases, the object of violation and the way of closing. Finally, the author analyzes the constitutive elements of false civil action from the four aspects of behavior subject,subjective aspect, object and objective aspect.The second part, select the judicial practice in a representative case to evaluate and analyze. The case covers: false litigation in civil borrowing, false litigation in divorce cases, false litigation in house debt, false action in traffic accident, and false action in separation of labor.The third part discusses the harm of false civil litigation from the five aspects of the false civil action, the legal rights and interests of outsiders, the threat to the judicial authority, the disruptive litigation order, the social contradiction and the waste of litigation resources.The fourth part, from the legislative level and the judicial level, summarizes the causes of false civil litigation. The reasons for the legislative level include: evidence rules of the rules are not perfect, civil mediation system is flawed, illegal costs are too low. The reasons for the judicial level are: weakening the judicial power, unreasonablecurrent judge management system, coordination between the judiciary and inadequate.In the fifth part, on the basis of the previous analysis,the proposal of preventing and regulating false civil litigation is put forward. In the legislative level to improve the rules of civil litigation evidence, improve the civil mediation system, increase the sanctions against the false civil action, a clear statement of the parties true obligations.In the judicial operation level, the proper strengthening of the court rules of authority,reform the existing judge management system, enhance the coordination between the judiciary, set up the third party outside the notice mechanism.