The Research On The Perfection Of Prevention Mechanism Of Fictitious Actions

The existing false litigation prevention mechanism can not effectively regulate the false lawsuit.The main reasons are legislation,judicature,social governance and so on.The issue of legislation is that there is a large inconsistency between the various guidance documents on the prevention of false litigation,which is introduced in recent years by the Supreme Court and a number of local high courts,including the participants of the false litigation and the judicial procedure involved,and the other issue of the legislative aspect is relative to the participants.As for the benefits that can be obtained from the false litigation,the lack of punishment for them is also one of the reasons why the false actions are repeated.The judicial procedure mainly focuses on the self admission system,the third party's rescission lawsuit and the standard of proof.Besides,the lack of integrity and the lack of industry supervision and management are also the reasons for the frequent lawsuits.After analyzing the reasons for the formation of the false lawsuit and the shortcomings of the existing false litigation prevention mechanism,we can do a good job in the prevention mechanism.On the legislative level,we should focus on the laws and regulations of the national and local level on false litigation and its prevention mechanism and all kinds of guidance documents,unify the definition of false litigation clearly and establish the system of punitive damages for the infringement of false litigation.On the level of judicial procedure,the precautionary mechanism can be perfected from the timely notification of the third party,the third party,the retrial system of the case,the publicity of the legal documents,the identification system of the false litigation,the linkage management system of the case,the revocation procedure of the mediation book,and the penetration of the false litigation prevention mechanism.It is also necessary to go to special procedures and supervision procedures.On the aspect of social governance,the establishment of social integrity system and effective supervision and guidance of industry associations is a fundamental improvement in the prevention mechanism of false litigation.The improvement of false litigation prevention mechanism not only protects the rights and interests of the third party,but also maintains the judicial authority.