Research On The Legal Regulation Of Civil False Litigation

In recent years,at the context of increasingly complex social relations,civil false litigation occurs frequently.In response to this phenomenon,the newly revised Civil Procedure Law in 2012 added a series of measures such as the basic principle of honesty and trustworthiness,the compulsory measures of article 112 and the revocation of a lawsuit by a third party.The practical and academic circles all attach great importance to the problem of false litigation,from the perspective of judicial practice,the false litigation phenomena has not been effectively restrained.After sorting out the 316 judgment documents,the following phenomena can be found in the cases involving false litigation behaviors: first,the majority of cases involving false litigation behaviors are identified through the retrial procedure;Secondly,false litigation happens frequently in several fields,and the field of private lending is the "disaster area".Thirdly,the confirmation of some false litigation behaviors benefits from the participation of public security organs and procuratorial organs.Fourth,the court's handling of the false lawsuit is mainly to reject the claim,and the case of the party's fine is a minority;Fifth,the false litigation actor mainly obtains the judgment document through the mediation procedure.Through the analysis of the above phenomenon,it can be found that there are many difficulties in the regulation of false litigation behavior,such as difficult to identify,difficult to verify,and difficult to remedy.First of all,false litigation has a strong concealment,procuratorial organs have limited channels to obtain clues of false litigation,the court is also difficult to identify in the first time,the identification of false litigation behavior is difficult.Secondly,due to the current judicial situation of "more cases and less cases",the court lacks sufficient manpower and technical support,which leads to ineffective investigation of false litigation.Finally,in terms of the relief of false litigation,the third party's withdrawal of the action did not play its actual due role,because there is no stipulation that the false action is a tort,the third party outside the case lacks legal basis when seeking compensation.There are many reasons for the above dilemma,which can be summarized into three aspects.First,form the legislation.The current civil procedure law has too few self-admission restrictions on the litigants in the litigation.The mediation system is not reasonable,there areno strict procedural requirements for the mediation of cases,and the principle of "ascertaining facts and distinguishing right from wrong" in the mediation system is easy to be avoided.The sanction to the false litigation behavior is insufficient,the actor's illegal cost is low;At the same time,the way of seeking relief for the outsider who is infringed by the false lawsuit is blocked.Second,form the judicial level.The excessive use of mediation by the court results in an opportunity for false litigation;The cooperation of the three organs is insufficient to form a joint force to fight against false litigation;The civil penalty connection mechanism is not smooth,unable to crack down on the false action and the third party besides the relief case.Third,from the supervision of procuratorial organs,the supervision of procuratorial organs is absent,the methods are absent,the way of finding clues is single,the means of investigation is lack of rigidity,lag and so on.In view of the above problems,this paper,based on the operation practice of regulating false litigation behavior,gives the corresponding countermeasures from the causes of the problems.At the legislative level,the first is to regulate the limitation of self-admission by legislation,so as to restrict the false self-admission of the parties;The second is to improve the mediation system,the judge mediation must be carried out on the basis of clear facts,mediation documents should also refer to the judgment documents conditional online public;Third,the illegal cost of false litigation should be increased,the participants of false litigation should be punished,the amount of fine should be increased,and the punishment of false litigants should be increased.Fourth,the third party litigation participation system of fraud prevention is introduced,and the right to participate in this lawsuit and the third party's withdrawal of the lawsuit is granted to the outsiders who are infringed by the false lawsuit,so as to increase the antagonism of the trial and make the judge discover the facts of the false lawsuit in time.Fifth,to allow an outsider who has been infringed by a false lawsuit to make a claim for damages,so as to realize relief to a third party.First,improve the judge management system,reduce the mediation rate and other quantitative indicators;Second,the establishment of litigation information sharing mechanism,to strengthen the public inspection of the three information sharing;Third,we will improve the procedures for linking the people and the criminal law.Finally,it is necessary to strengthen the supervision of procuratorial organs on false litigation,broaden the channels for discovering false litigation clues,strengthenprocuratorial supervision in litigation,improve the right of investigation and verification of procuratorial organs,and increase the rigidity of investigation means of procuratorial organs.