Judicial Cognizance And Regulation Of False Civil Litigation

From the trend of large increase in the number of civil and commercial cases accepted by people's courts at all levels in our country,we know that litigation has become the main way to settle disputes and safeguard rights and interests.At the same time,for various improper purposes,some individuals and units deliberately fabricate facts to file false civil proceedings with the people's court,with the intention of deceiving the effective judgment from the people's court to make improper profits.The above acts not only seriously infringe upon the legitimate rights and interests of others,but also damage the normal litigation order and judicial authority,resulting in a great loss of judicial credibility,which has serious social harmfulness.Based on the practical problem of the flood of false civil litigation in China,it is urgent to study the judicial cognizance and regulation of false civil litigation.In 2012,Civil procedure Law was amended to respond to this hot issue for the first time,article 13 of the law adds the provision of good faith,which requires the parties to dispose of their civil and litigation rights in accordance with the principle of good faith.At the same time,article 112 and article 113 specifies the behavior and legal consequences of the litigants and the citizens subjected to execution malicious collusion with others to proceed a false litigation.Article 307 of the Criminal Law Amendment(9),adopted in August 2015,clearly stipulates the crime of false litigation,which aims at preventing and sanctioning false litigation through the deterrent force of penalty.With the drop of the first case of false litigation in the Supreme People's Court in 2015,the false civil litigation has become a strictly regulated and punished act in the judicial trial.But in practice,there are very few cases in which false civil action is identified or characterized and punished by the crime of false litigation,and the relevant regulations are seldom play a role.In addition,in June 2016,the Supreme People's Court issued the guiding opinions on preventing and scanting false litigation,which provides specific guidance rules for sanction of false civil litigation actions.However,judging from the current judicial practice,there is still a lack of effective civil-criminal convergence mechanism.In practice,difficulty of identifying false civil litigation action,lack of clearing identification standard and difficult to find the clue of false civil litigation action in supervision procedure all of these problems lead to many difficulties in regulating false civil litigation action.The first case of false litigation not only shows the determination of the Supreme people's Court to punish the false civil litigation actions,but also provides an example for the regulation of false civil litigation actions.It is the intention of this article to deeply understand the harmfulness of false civil litigation action,strictly crack down and regulate the false behavior in civil litigation action.Therefore,the discrimination of false civil litigation action in trial practice should start from the following aspects.Classify the main types of cases of false civil litigation action by typed ways,and analyze the standard of judicial determination of false civil litigation action in typical cases.On regulatory measures,we should establish the examination mechanism of the false civil litigation entrance,construct the false civil action dishonest person system,perfect the civil mediation system,refine the examination system of false evidence in civil litigation,improve the relief system for victims' rights and interests,establish the early warning and analysis system of false civil litigation action,establish the explanation mechanism of good faith litigation,and at the same time,form a criminal restriction mechanism that runs smoothly,to realize the rational allocation of judicial supervision resources,and to provide an effective way to prevent and eliminate false civil litigation.