False Litigation Prosecutorial Supervision Research

In the judicial practice,the number of false litigation cases is increasing frequently.It is even transformed from the initial simple fraud type to the coercive type in the civil and commercial fields.It is a new type of crime that uses illegal litigation to obtain illegal interests,and presents a large-scale and professionalized Wide range and serious consequences.The State has successively amended the Civil Procedure Law and the Criminal Law,which specifically increased the legal provisions and countermeasures for false litigation.The Supreme People's Court issued the "Guiding Opinions on Preventing and Sanctioning False Lawsuits",which further refined the regulations governing false litigation.However,the role of curbing false litigation remains to be tested.As a state legal supervision organ,the procuratorial organs involved in false litigation governance not only have legal basis and legal basis,but also accumulated rich experience in judicial governance.In the subjective form,the false litigation has both malicious collusion and unilateral infringement.The specific behaviors are falsified evidence,out of nothing,concealing the truth and partially falsifying the facts,but all include subjective intentions,false acts,and utilization.Judicial power also undermines the four essential elements of judicial order and infringement of legal interests.In the context of regulating false litigation,prosecutorial supervision should be understood in a broad sense.The object of prosecutorial supervision includes not only public authorities,but also all false litigants,such as "construction" of false litigants,trial judges and enforcement activities,other litigation participants,and identification,assessment,auditing,etc.Support staff.The scope of supervision includes the effective judgment,the ruling,the mediation and arbitration awards,the impartial documents and the payment order.In judicial practice,the institutional obstacles caused by the incompleteness of the adversary judicial reform,the weak supervision of the court to supervise the false litigation system,and the lack of remedies for the injured parties have highlighted the necessity of false litigation prosecution supervision.The procuratorate can exert its unique role and institutional advantages in the governance of false litigation.The prosecutorial supervision of false litigation has basically experienced three stages: early exploration,confusion and breakthrough,and clear legislation.Since September 2018,the issuance of relevant judicial documents and judicial interpretations has marked the beginning of a new stage of development in the prosecutorial supervision of false litigation.Through the analysis of the basic conditions of prosecutorial supervision,it is pointed out that the existing narrow limits of the legislative level are not conducive to the crackdown on false litigation,and the lack of provisions for civil liability of false litigants;the conflict between judicial documents at the judicial level,the application of judicial documents Not standardized and the timing of supervision at the institutional level is lagging,the preventive mechanism is lacking in advance,the clues of false litigation supervision are difficult to find,the exercise of civil investigation and verification power is limited,and the linkage mechanism for punishing false litigation is not formed,and it is constantly deformed according to false litigation behavior.There are new types of false litigation such as “routing loans” and new difficulties in supervision such as extension to arbitration.From the aspects of amending civil,criminal and related laws,increasing the provisions of false litigation infringement relief,etc,it proposes to improve the legislative proposals,gradually establish the mechanism of pre-litigation,prosecution,and post-litigation supervision,and construct a long-term mechanism for false litigation discovery and identification.False litigation investigation and verification mechanism,establish and improve the investigation mechanism of false litigation responsibility,build internal and external coordination and supervision mechanisms,etc.Advocate and improve the system construction of procuratorial supervision,and jointly solve the problem of false litigation supervision.