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An Empirical Analysis Of False Litigation In Procuratorial Supervision

Posted on:2019-07-23Degree:MasterType:Thesis
Country:ChinaCandidate:M DongFull Text:PDF
GTID:2416330572455038Subject:Law
Abstract/Summary:PDF Full Text Request
The false litigation in the field of civil litigation is mostly manifested by the collusion of collusion by the parties,the use of fictitious facts and legal relationships,the acquisition of the effective judgment of the court to obtain illegitimate interests,and not only the legitimate rights and interests of the stakeholders in the case.And undermined the judicial authority and undermined the rule of law.Although in recent years,the theoretical community has gradually recognized the harmfulness of false litigation and adopted a series of measures to prevent and rectify it.However,the problems are still endless and cannot be avoided.In particular,the procuratorial organs supervise false lawsuits,and there are many obstacles from theory to practice.The author has worked in the civil affairs department of the procuratorate for many years.Since the deployment of this work by the high court in 2015,the author has sponsored or participated in a large number of civil false lawsuits.The author has nearly three years of false litigation prosecutorial supervision experience,during which he experienced the transfer of the self-reporting department of the procuratorate.The advantage of the procuratorate in investigating and handling false litigation cases is weakened.Facing the reform,how to perform this function is worthy of our conduct think deeply.This thesis is the author's own mental journey.From the initial incomprehension to the gradual acceptance of the work,the author has his own rational understanding.This article relies on the author's work experience and experience to understand the false litigation from analysis.The concept,correctly understand the importance of the procuratorial organ in carrying out this work,how the procuratorial organs intervene in the investigation and handling of false litigation,and then clearly understand the problems existing in the current procuratorial organs to carry out this work,and finally how to deepen the promotion and strengthening of the procuratorial organs in the future.False litigation supervision put forward a glimpse.
Keywords/Search Tags:Procuratorial organ, False lawsuit, Public interest litigation
PDF Full Text Request
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