Research On Regulating Civil False Litigation

In the background of increasingly complex social relations,civil false litigation is also common.This lawsuit phenomenon improperly occupies and consumes limited judicial resources,which makes the way of judicial dispute resolution more congested.Moreover,this kind of lawsuit seriously infringes on the legitimate rights and interests of other people and social public interests,tramples on the lawful right of action entrusted to citizens by law,impacts on the normal litigation order,challenges the principle of good faith,and damages the judicial authority and credibility of our country.Its harmfulness has threatened the basic goal of the development of the rule of law and social stability in our country,and the crisis of honesty and credit has deepened the social contradictions implied in the rapid growth of the national economy.Therefore,the prevention of civil false litigation has become one of the obstacles that we must pay attention to and break through in the current judicial reform.In response to this phenomenon,in recent years,relevant laws,regulations and judicial interpretations have also been issued at the legislative level to respond.Judicial organs in some areas have also implemented relevant regulatory policies according to their own actual situation,but they are still insufficient to curb the spread of civil false litigation.Theorists have also deeply participated in the study of countermeasures to prevent and cure civil false litigation.Although they still have different understandings on some issues,they basically agree that this litigation phenomenon is a particularly prominent problem in China,and to a large extent reflects the defects of our system.After many years of development,the parties have reached a basic consensus on the response plan,that is,the prevention and control of civil false litigation needs to make efforts to help each other,form joint efforts,and build social integrity.Only on this basis can constructive countermeasures be put forward and demonstrated.Based on the current situation,civil false litigation cases exist widely.On the basis of judging the facts of civil false litigation,courts often cite Article 112 of the Civil Procedure Law as the basis of regulation.Therefore,some scholars believe that Article 112 is the core of regulation of false litigation.From an empirical point of view,selecting 112 applicable cases as analysis samples can also be more targeted to elaborate this topic,in-depth study of the judicial status quo.There are disputes about the concept of civil false litigation in the theoretical circles,and the evaluation criteria are different in practice.It is also indispensable to define civil false litigation accurately based on practice.At the same time,we should pay attention to the distinction between civil false litigation and malicious litigation,litigation fraud and abuse of litigation rights,and scientifically define the boundaries of each other,which is also an important prerequisite for effective prevention and control of such litigation.There are many reasons for the formation of civil false lawsuits,which show multi-level characteristics,including the limitations of the litigant system in legislation,the relevant evidence review system to be improved,the excessive pursuit of mediation in judicial field and the insufficient linkage between criminal justice organs,coupled with the lack of social integrity,the relatively low cost of breaking the law,the weak concept of the rule of law of the litigants,and so on.As a result,the current predicament of the rule of law in the field of civil false litigation has been created.In view of the current situation,it is necessary to systematically put forward effective strategies to prevent and control civil false litigation.For example,in the legislative level,the introduction of fraud prevention system and punitive damages system,improve the regulation of civil false litigation and remedies.In view of the problems in practice,it is suggested to set up early warning mechanism for filing cases and linkage mechanism among various organs in order to jointly curb illegal acts.In society,we need to constantly emphasize the importance of legal propaganda and the construction of social integrity system,and focus on building a modern legal path.Although social problems emerge in endlessly,and the law has natural lag,we can only make historical progress in preventing and curing civil false lawsuits by solving problems,reflecting on practical defects,updating legal concepts with the times and intensifying research efforts.