Research On Legal Regulation Of Sham Litigation

At present,there are some differences on the concept of Sham litigation in the theoretical and practical circles of our country.This paper analyzes the types and causes of Sham litigation cases through the analysis of relevant theories and legal provisions in order to clarify the concept of Sham litigation and the elements,so as to unify the identification standard of Sham litigation.At the same time,it combs the normative and legal documents of the regulation of Sham litigation throughout the country,and the floating changes of the number of false litigation cases before and after the implementation of key legislation,and analyzes the current situation of judicial practice after the revision of civil litigation and criminal legislation in China.Through the empirical study,we can see that there is double trouble in the process of shame procedural regulation: on the one hand,the definition of the constitutive elements of shame litigation is in conflict,on the other hand,there is a legislative blankness in the conversion of civil and criminal procedure.In view of the above difficulties,the possible ways to solve the problem include: to improve the procedural provisions of the conversion of the civil and criminal regulations of shame litigation and to standardize the terms of the law by resolving the conflict mechanism of the shame litigation under the intersection of civil and criminal punishment;to create the hearing system for procuratorial personnel.In the process of connection of civil procedure and criminal procedure,the evidence and the judgment produced by the first procedure should not be regarded as the basis of the post-procedure,which should be collected again and applied according to the dialectics.Accurately grasp the location of victims outside the case,expand the source of the case clues,deal with the case in time;learn from the successful experience of foreign countries to achieve the regulation of shame litigation under the entire legal system unified.