Research On Civil False Litigation And Its Regulation

In recent years,fraud litigation show a trend of increasing in the field of civil litigation,especially in the case of property in private lending,it was to blame the particularity of this kind of case.The implementation of registration system,mediation system and admission mechanism give a great opportunity to fraud litigation in China,which not only bring seriously harm to others,the state and public interests,but also damage the authority and credibility of the judiciary.However,with the characteristics of pluralistic and complicated on the subject of false litigation,research and related regulations about it are still in a relatively early stage,the relevant theories,systems,norms are not sound,which make it very hard to define false litigation,besides,it also make it difficult to determine the facts accurately and apply the law correctly.This thesis includes four parts,mainly discusses the concept,cause and recognition of the false lawsuit,then put forward some suggestions to prevent and regulate false lawsuit.The first part is the summary of the false lawsuit,including the basic definition,constitutive requirements,basic characteristics of false litigation between different academic views and some local regulations,then defines the related concepts,basic features and constitutive elements of the false lawsuit on this basis.The second part analyzes the common forms of false litigation and the harm to the society caused by the high rise of false lawsuit with judicial practice.The way of using judicial procedure to achieve illegal aim not only infringes other's legal rights but also brings seriously damage the authority of Judicature and the development of society ruled by law.The third part discusses the causes of high false lawsuit from five aspects.they are the difficulty of recognition,legal system,judicial personnel,mediation system and the current social credit system landslide.All of those common reasons of society,judicature and legislation cause the current situation of false lawsuit overflow and the dilemma of governanceIn the fourth part analyzes how to regulate and prevent the occurrence of false lawsuit cases,which draw some lessons from the existing theoretical research results and practical experience.And in the study of the particularity,surface legality,concealment of the false lawsuit case,discuss how to prevent the false lawsuit on the level of recognition,law and supervision;When a false action occurs,how to fix the damage to others through retrial,third person's action and the investigation of tort liability on the procedure and substantive law also is the main issue of this part;Finally,in order to directing the judicial practice,this part gives some suggestions on how to make disciplinary and warning to the litigant of the false litigant from the social,judicial and legislative aspects.