Research On Legal Problems Of False Civil Litigation

In recent years,with the development of social economy,the phenomenon of false litigation in the field of civil litigation has become more and more intense,causing widespread concern in the legal profession.False civil litigation is a malicious use of civil proceedings,through the national judicial process to achieve the purpose of seeking illegal interests,the act not only infringes on the legitimate rights and interests of others,disrupts normal social order,but also tramples on legal dignity,damages judicial authority,and causes extreme legal resources.Great waste.Based on this social background,this paper starts from the basic theory of false civil litigation,and points out the shortcomings in the legal regulation of false civil litigation in China based on the comparison of the status quo of the legal regulation of this issue inside and outside the domain,and then expounds the analysis of the actual harm of false civil litigation.And the reasons for this,the focus is on improving China's false civil prosecution legal regulation and put forward its own recommendations.The text of this article is divided into four parts:The first part elaborates the basic concept of false civil litigation.Starting from the definition of false civil litigation concept,the paper analyzes the main characteristics of false civil litigation in judicial practice and further analyzes the legal composition of false civil litigation.The second part is the analysis of the causes of false civil litigation.This chapter will analyze the four aspects of moral and economic perspectives,legislative reasons,judicial system factors and the main body of case handling,and deeply analyze the reasons for the high incidence of false civil litigation in recent years.The third part elaborates the extraterritorial provisions of false civil litigation and the enlightenment obtained compared with our country.Through the comparative analysis of the legal system of the civil law system and the common law system,the author summarizes the experience of regulating civil false lawsuits,finds the defects and shortcomings of the legal regulation of false civil litigation in China,and provides the legislative perfection for the regulation of civil false litigation in China.Useful for reference.The fourth part elaborates relevant suggestions for improving the legal regulation of false civil litigation.This chapter is aimed at the defects of the legal regulation of false civil litigation in China and its causes.Combined with the reality of our society,it implements the principles of honesty and credit,legal litigation,theprinciple of power and responsibility,and the improvement of the legislation and establishment of the litigation legal system and the substantive legal system.Suggested measures to make recommendations.