Research On The Legal Regulation Of Civil False Litigation

In recent years,with the economic growth and civil disputing,the number of false litigation cases is also increasing rapidly.False litigation is a violation of the litigation rights,not only undermine the country,society and outsiders legitimate interests,more importantly,this is a waste of judicial resources,and damage the authority and credibility of the judiciary.So the regulation of false litigation is imminent.In this paper,we study the typical cases of three false litigation in order to discuss the existing problems in the regulation of false litigation and put forward relevant suggestions.The main contents of this paper are divided into the following three parts:The first part: Case introduction and question.This paper chooses the case of the Supreme Court on the case of false litigation in 2016,the typical case of false litigation supervision issued by the procuratorate,and the case of false litigation involving the action of the third party revoked.Through the identification and regulation of the false action in the case,There are three aspects: the judgment standard,the regulation means and the protection of the rights and interests of the victims in the regulation of the false litigation.The second part: Analysis of major legal issues.This part mainly focuses on the three aspects of the three cases,and demonstrates the manifestations,causes and consequences of the problems.The regulations of the Civil litigation law about the provisions of the false lawsuit criteria are too rough,leading to the determination of standards are not unified,"the same case of different sentencing" phenomenon happened frequently.The existing provisions of the relevant laws are obvious deficiencies,there are mainly two aspects of the problem :lack of practical and means of a single.For the protection of the rights and interests of the victims,the third party to withdraw the prosecution and the prosecution complaints are false victims of the effective remedies,but because the law is not exhaustive,the system is still in the exploratory stage,and we can not fully achieve the purpose of the interests of the victim.The third part: discussed in the recommendations of solving the problem mentioned in the second part of the issues.Improve the rules of fake lawsuit mainly from the clear criteria to determine and improve the cost of illegal two aspects.It is suggested that the criterion of fake litigation should be clarified by the combination of enumeration and conceptual combination.The improvement of the means of regulation mainly from the refinement of the discretion and the increase of the system of compensation for the infringement of the false litigation and the system of the false litigation Aspects of the proposed recommendations.To enhance the protection of the rights and interests of victims of false litigation mainly from the expansion of the third party to withdraw the main body of the proceedings and the scope of protection of legal protection and improve the way the prosecution approach.