On False Litigation And Its Prevention And Control In The Field Of Construction Engineering

The construction of a society under the rule of law has continued to advance.Resolving disputes through litigation has become an important way for people to safeguard their rights.However,at the same time,some unscrupulous people have used the judicial mechanism to bring false litigation.This is not only a challenge to social integrity,but also undermines the legitimate interests of the state,society,and third parties outside the case,wasting judicial resources.When the "Civil Procedure Law of China" was amended in 2012,honesty and credit were added as a basic principle,and the newly added Articles 112 and 113 can govern false litigation.In the "Criminal Law Amendment(9)" in 2015,the "Crime of False Claims" was added.In the decision of the Fourth Plenary Session of the 18th CPC Central Committee and in the work report of the "Two Highs" of the Party to the National People's Congress in 2016,it was mentioned that the issue of false litigation shows that legislation and justice have paid great attention to the issue of false lawsuits.Although false litigation has aroused many concerns of the theoretical and practical circles,it is a matter of opinion.It is difficult to form mainstream opinions and general statements on the regulation of false lawsuits,and the current research has not conducted specialized research on the basis of industry characteristics.Construction project is an important part of China's economic development.Industry,and the relationship is complex,involving many links,and the amount of the subject matter is large.The false litigation issues in this field can not be overlooked,false litigation hinder the sound development of the construction engineering industry,false litigation in the construction engineering field should cause a high degree of attention,and pending special research.False litigation in the field of construction engineering have common features with common false litigation,but they also have different personality from ordinary false litigation.This paper focuses on the issue of false litigation in the field of construction engineering.Through analysis and definition of the concept of false litigation in the field of construction engineering,this paper analyzes in depth the types of false litigation in the construction engineering field and their respective characteristics,and the causes of false lawsuits in the construction engineering field.Drawing on research findings and related systems of similar false litigation issues in representative countries of civil law systems and Anglo-American law systems,combined with the status quo and existing problems of false litigation in the field of construction engineering in China,we propose to establish and improve individual and corporate credit systems and improve the management of engineering companies,strengthening the management of project managers and actual constructors,promoting BIM technology in construction engineering enterprises,and establish a civil tort liability investigation mechanism,selecting people's jurors who are specifically suitable for construction project cases,giving full play to the court's trial and prosecutor oversight functions,etc.The proposal and countermeasures for the prevention and treatment of false litigation in the field of construction projects in order to effectively curb the occurrence of false litigation in the field of construction projects.