Research On False Litigation Issue In Civil Litigation

The rapid economic development is bound to challenge the integrity of legal norms.Because people will think of thousands of ways to make profits in order to gain more economic benefits.Some are within the framework of legal regulation,others are playing a marginal role in the law.What's more,the law is still blank or imperfect in this field.This kind of situation mostly occurs in emerging fields,such as the Internet,but what I am going to talk about today is a term that seems familiar: false litigation.In recent years,there have been many cases in false litigation.After the registration system has been reformed,the cases in false litigation have become more and more serious,especially in Zhejiang,Jiangsu and other places where the economy is more developed and new things are introduced more quickly.After actually understanding with the judges in various regions,it can be found that almost no judge has not taken over the case of false litigation.However,in the face of the false litigation case,it seems that they are all faced with such problems as whether there is collusion between the parties,whether the parties' actions are false litigation's,incomplete legal definition and judgment of false litigation,and practical difficulties in punishing false litigation's actions.In this article,the author will conduct some in-depth discussions on false litigation through an actual trial case.The case was designated as false litigation in the first instance,and both parties were given judicial punishment.After the case was appealed to the second instance,the second instance rejected the first instance judgment,believing that the case did not harm the interests of the third party and did not constitute false litigation,and annulled the first instance judgment and judicial punishment.This case has aroused the author's interest and concern about the false litigation case.After actually discussing with some judges and lawyers and consulting relevant materials,this article will make a certain exposition of the nature and representation of false litigation,and give some suggestions on the identification and regulation of false litigation.