Construction Of False Civil Litigation Identification Mechanism Of China

In recent years,the frequency of false litigation in the field of civil and commercial affairs has become increasingly high,causing great harm.Although relevant laws,judicial interpretation and judicial guidance documents have been issued successively,most of them focus on the sanctions against the false litigation,but the provisions on how to identify the false litigation are not perfect,and no systematic methodology has been formed.There are some problems in the regulation of false litigation.Identification is the premise of preventing and sanctioning false litigation,therefore,it is particularly necessary to build a complete false litigation identification mechanism.The accurate definition of false litigation is the premise of identifying false litigation,and also the basis of establishing false litigation identification mechanism.To construct the identification mechanism of false litigation,it is necessary to arrange and combine the identification methods scattered in laws and regulations in a logical order,divide the functions of different identification subjects with reasonable rule,and form a more operable system by perfecting and refining the identification measures.The identification mechanism of false litigation can be divided into prevention in advance,blocking in the process and relief after the event.Filing a case is the first threshold to identify a false lawsuit.In the process of accepting a case,a case without the right to appeal should be intercepted.It has its legitimacy to strengthen the examination of the false lawsuit in the case filing stage.Even if failed to put on record stage will be false lawsuit outside the door,but also to give full play to the suspected early warning role.After the target is identified according to the suspect characteristics of the false lawsuit,it is necessary to strengthen the examination to verify.It is necessary to assign the task of false lawsuit identification to a special judge or trial team,so as to ensure the efficient operation of false lawsuit identification procedure and improve the accuracy of identification.In the system design,the system can be introduced to prevent the participation of fraud and harm,allowing the outsider with impaired interests to participate in the proceedings,and carrying out the confrontation with the original defendant in collusion.The third party's revocation of the lawsuit and the procuratorial supervision of the procuratorial organ on the false lawsuit are the important parts of the mechanism of false lawsuit identification after the judgment.It is an important prerequisite for procuratorial organs to launch the supervision mechanism and exercise the right of supervision to open the relief channels for outsiders and allow them to apply for procuratorial supervision.The withdrawalof the third party excessively limits the qualification of the litigation subject,which makes it difficult for the outsider whose rights and interests are damaged by the false litigation to protect his own rights through the system,which is contrary to the original intention of the system.Therefore,it is necessary to lower the threshold and lower the standard of proof to improve the third party's revocation action.