Research On China’s Civil False Litigation And It’s Regulation

At present,the frequency of false litigation is increasing year by year in our civil litigation.The coercive power of judgment and public trust make false lawsuit the first choice for many people seeking improper benefits.At present,the state in the criminal law,the civil law on the false litigation regulation is difficult to become a system,the existing system on the false litigation has little effect.With the rapid development of China’s market economy,the construction of moral integrity is relatively lagging behind,people’s awareness of integrity is not timely training,the society is facing an unprecedented crisis of integrity.Because of the universality of civil false action in civil action in our country,it is of unique research value to analyze its causes and how to remedy its consequences.Spirit level,the lack of moral integrity,neglect of human greed disciplinary,to regulate the false action in the vacancy of the construction of substantive law and procedural law system of all kinds of loopholes false are subject to a civil lawsuit is the root cause of the flood,only questions divide-and-conquer,is fundamentally solve civil false lawsuit policy,therefore,this article obtains from the following four parts to explore the regulation of civil false action.The first part starts with the literature of the practical and academic circles,expounds the research process of civil false litigation in China,makes a preliminary summary and differentiation of the concept of false litigation,and deeply analyzes the false litigation from the perspective of the basic principles of civil litigation Differences,digging and summarizing various manifestations of civil false litigation in practice,looking at the essence through phenomena,revealing the characteristics of strong concealment,complex and diverse types,and low cost of civil false litigation,aiming to have a clear understanding of civil false litigation.The second part analyzes the causes of civil false litigation.The weak legal consciousness of the litigant subject and the imperfect legal regulation system are all important reasons that lead to the repeated prohibition of false litigation.The lack of honesty in the social status quo and the loopholes in the legislative system make civil false litigation more rampant.It was concluded that law,society,and individuals should be used to regulate false litigation in a multi-pronged manner.The third part sorts out the regulation of civil false litigation in common law countries and civil law countries.China should use its essence to remove its dross and establish a highly efficient,logical and multi-faceted false litigation governance system.The fourth part gives specific design suggestions on how to regulate false litigation,improve the false litigation crackdown network connecting criminals and criminals,use judicial prosecution to crack down on false litigation,at the same time strike and remedy,improve false litigation relief mechanism,and minimize the loss of Promote joint construction of integrity and the society ruled by law.