Research On The Inspection And Supervision Mechanism Of False Litigation

False litigation is a concomitant of the rapid increase in the number of civil litigation cases,which is mainly manifested in the form of "malicious collusion between the two parties" to initiate litigation.The reasons for its emergence are complex and varied.The utilitarian mentality of the public,the loopholes caused by the right of disposition of the parties and the lack of professional ethics of some legal workers all contribute to the formation of false litigation.Due to the wrong judgment caused by false litigation,the credibility of the judiciary is increasingly questioned.Combating and regulating false litigation has become an important task of judicial reform in the new era.Among them,procuratorial supervision is one of the important ways to prevent and control false litigation.The procuratorial organ obtains the corresponding source of the case mainly through discovering and reporting by outsiders according to its functions and powers.After investigating and verifying the relevant situation of the case,the procuratorial organ then puts forward a protest or retrial suggestion to the court,in order to achieve the purpose of regulating false litigation.However,it can not be denied that the lack of system hidden behind the procuratorial supervision of false litigation and the crux of the internal and external environment of procuratorial organs hinder the effective development of supervision.Facing the trend of rapid growth of false litigation,the procuratorial organs,as legal supervisors,are duty-bound to govern false litigation by means of procuratorial supervision.However,there are still many institutional and regulatory deficiencies in regulating false litigation through procuratorial supervision.Among them,"difficult to find","difficult to verify" and "blame" are chronic illnesses in the practice of procuratorial supervision of false litigation,which have not been solved thoroughly and effectively up to now.If we want to fundamentally solve the above problems,the first task is to dig deep into the causes of the predicament.In the past few decades,the procuratorial organs have not completely changed their ideas of "heavy punishment but light people" and "supervision after the event".The lack of corresponding preventive mechanism for civil supervision has greatly reduced the timeliness of procuratorial supervision.At the same time,the existing sources of cases are limited.There are some conflicts between the civil self-relief procedure and procuratorial supervision.The design of investigation and verification system can not fully meet the practical needs,which hinders the process of procuratorial supervision in false litigation to a certain extent.The subject of prosecution in false lawsuit shows a pluralistic trend.There are cross-controversial areas in which the functions of prosecution between the corresponding subjects are given full play.The failure of better connection between criminal procedure and civil procedure makes the effect of procuratorial supervision in false lawsuit difficult to be implemented.If the procuratorial organs want to get out of the predicament smoothly,they must break through their own restrictions on judicial concept,judicial system and judicial operation.On the one hand,we should innovate the concept of procuratorial work,abandon the past attitude of "heavy punishment but light people" and "supervision after the event";on the other hand,we should complete the practice and system guarantee of procuratorial organs' supervision of false litigation.A complete procuratorial supervision system for false lawsuits should effectively carry out pre-and mid-level supervision,and construct a preventive mechanism of procuratorial supervision for false lawsuits;unblock the channels of case clues discovery,find the balance between civil remedies and procuratorial supervision,refine the authority of investigation and verification,and improve the corresponding mechanism of case acceptance and investigation,respectively,from civil procedure,criminal procedure and civil title.Accept the procedure and establish the guiding mechanism of the procuratorial organ's responsibility regulation.Only through the above measures to strengthen the effectiveness of supervision,can we ultimately achieve the goal of safeguarding the legitimate rights and interests of the parties and judicial order.