Study On The Issues Of False Civil Litigation

With the development of society and economy in our country,the process of the socialist country under the rule of law with Chinese characteristics is accelerating;the people's awareness of the rule of law has gradually improved,from the ancient people's "disgusting to litigation" to the present "preferring litigation",people's concept of the rule of law has undergone a qualitative change.When people find that their legitimate rights and interests have been damaged,people tend to choose to use legal means,through proper judicial channels,to resolve disputes and safeguard and protect their rights and interests,which is a manifestation of civilized society and society with the rule of law.However,when the right of appeal is abused and the function of the litigation changes,litigation has become a tool for criminals to seek unfair interests and infringe upon the legitimate rights and interests of others.Some criminals make use of loopholes and gaps in the law,by means of litigation,they have made use of proper judicial procedures to seek illegitimate interests for themselves,moreover,by malicious collusion,fictitious facts and evidence,etc.,they have damaged the legitimate rights and interests of the third party or social public interests,and disrupted the normal judicial order.Such behavior not only has deviated from the meaning of litigation,wasted judicial resources,impaired judicial impartiality,but also it is an overt provocation of judicial authority and society with the rule of law.In recent years,the number of cases of false civil litigation is on the rise,which almostcover many fields of civil and commercial cases,involving private lending cases,divorce cases,identifying well-known trademark cases,housing sale cases,enterprise property disputes and so on.Their forms are also various,with a strong concealment,it is often difficult to find out without going through a trial.However,in the face of such a large number of false civil litigation cases in society,China's current laws do not have a unified definition standard on false civil litigation.The author concludes that the cases of false civil litigation often have some certain characteristics:(1)The two parties are in a vicious collusion.Compared with both parties in other cases who give tit for tat and speak forcefully in court,the parties of false civil litigation frequently do not argue too much in court which due to the special relationship between the parties,for they generally are relatives,friends,colleagues,and so who have a certain degree of intimacy and trust each other and have common interests.(2)General closed in mediation.Due to the litigation between the parties itself is false,so often there is no real confrontation between the parties,they would like to reach a settlement or mediation,thereby fast closed.After obtaining the court's effective judgment,it will quickly enter the execution procedure,thus they realize their own illegal goal.(3)Violated the third party or the public interest.Due to the relationship between the two sides of the false civil litigation is special,their aim isn't to damage the interests of the other side,but to harm the third party or the public interest through effective judgment by court,which has brought serious influence to the social stability and disrupt the normal the judicial order.(4)The types of cases is relatively concentrated,and often occur in economically developed areas.The author found that,it happens more frequently in the economically more developed regions.For example,under the economy push in some areas,the real estate market is booming,with the relative housing policy published,there comes a large number of disputes cases of real estate,among which there is no lack of escaping the real estate transfer taxes through false lawsuits,cheating bank loans,and housing ownership litigation cases.Indeed,there are many reasons cause so many false civil litigation cases,on the one hand,it's because of the lack of the modern social moral integrity.Honesty isalways our traditional virtues of Confucianism and the spiritual pillar of Chinese people to esteem and learn.The development of social and economic,however,has brought convenience to people's life,also,changes people's world view,values,and outlook on life.In front of a large amount of money,many people ignore the moral standards in their heart.They go beyond the boundaries of the law in order to seek selfish for themselves,and harm others' and social public interests,which brings negative influence to the rule of law construction of the contemporary society.On the other hand,some factors of legal regulation and judicial operation in our country have also led to the false civil actions intensified.For instance,the bug of rules of evidence,the limitations of the mediation system,the contradictions brought by registration system,and the passivity of the judge to stick to law enforcement,the efforts of legal regulation are not enough,and the low cost to break the law to a certain extent brings opportunity to the false civil litigation.False civil litigation has brought serious damage to our society,on the one hand,it harms others' and social public interests,and brings obstacles to social stable and healthy development.On the other hand,in the current shortage of judicial resources,false civil litigation has not only caused a waste of judicial resources,but also damaged the justice and authority of justice,disrupted the normal legal order,and led the citizens suspect the judicial impartiality,which is not conducive to the construction of socialist country ruled by law with Chinese characteristics.Fortunately,over the years,the practice and academic circles have paid attention to and studied the false civil litigation,the provisions of Article 112 and Article 113 of the newly-revised Civil Procedure Law in 2012 are considered by the judicial practice to be a clear narrow provision made for false civil litigation in the form of law for the first time,while adding a series of measures,such as the principle of good faith and the cancellation of third party's litigation,as well as the Ninth Amendment to Criminal Law makes false proceedings a crime,and specifically sets up the crime of false proceedings has for this purpose.In 2016,the Supreme People's Court issued Guidance of the Supreme People's Court on the Prevention and Punishment of False Litigation,specifying: "In practice,special attention shall be paid to the followingsituations:(1)The parties have common interests relationship,such as close relationships between husband and wife,friends,or affiliated enterprises;(2)The target amount that the plaintiff appeals for judicial protection is seriously inconsistent with its own economic situation;(3)The facts and reasons on which the plaintiff sues are clearly inconsistent with common sense;(4)The both parties have no substantive civil rights disputes;(5)The evidence of the case is insufficient,but the two parties still take the initiative to reach a reconciliation agreement and request the people's court to issue a reconciliation statement." These guidelines have made the practice department have stronger discrimination ability in the trial of false civil litigation cases.Besides,these have played a positive role in the legal regulation of false civil litigation.It can be seen that false litigation is not only a problem studied by the civil procedural law circle,but also a concern of the criminal law circle,but the law is not enough for itself,in the face of complex and diverse cases of false civil litigation,it still needs to be further studied.Therefore,the author takes the problem of false civil litigation as the topic of this thesis.This paper starts with the concept and is divided into three chapters.The first chapter is an overview of false civil litigation,which is divided into three sections:The first section has defined the concept of false civil litigation,the second section has summarized the characteristics of false civil litigation,the third section has differentiated and analyzed the three similar concepts of false civil litigation,malicious litigation,litigation fraud and abuse of litigious right,and distinguished their differences.According to the above three aspects of overview,thus we have a basic understanding of false civil litigation.The second chapter has expounded the present situation,causes and harms of false civil litigation,which is divided into three sections: The first section has given examples of typical cases of false civil litigation,involving private lending cases,divorce litigation cases,identifying well-known trademark cases,housing sale cases,enterprise property disputes and so on.The second section has explained the cause of false civil litigation.The third section has discussed the harm caused by false civil litigation.The third chapter has discussed the regulation of false civil litigation,divided into three sections.The first section first hasshown the idea and principle coping with false civil litigation.The second section is about the application of the civil litigation system in the false litigation.The third section is the study of the coordination of false litigation,civil proceedings and criminal justice and other systems.In summary,this paper has analyzed and expounded the above problems,and put forward my own suggestions,hoping to benefit the legal regulation of false civil litigation,and appealed to more scholars to study the legal regulation problem of false civil litigation,with a view to helping to curb complex and changeable false civil litigation phenomenon emerging in the society.