Research On Prosecutorial Supervision Of Civil False Litigation

The emergence and frequent occurrence of civil false lawsuits have not only undermined the construction of the social integrity system,infringed upon the legitimate rights and interests of the state,society,and others,but also wasted judicial resources and damaged judicial authority.Therefore,we must strengthen the prevention and sanctions of false civil litigation.In 2013,China formally regulated laws on false litigation in the civil field.The 2015 Criminal Law Amendment(9)added the crime of false litigation and increased the sanctions against false litigation.The fourteenth batch of guiding cases issued by the Supreme People's Procuratorate in2019 are all typical cases of prosecutorial supervision of civil false lawsuits,which demonstrates the determination of the procuratorate to crack down on and prevent civil false lawsuits.Promoting the development of Procuratorial Supervision of civil false lawsuits,comprehensively and effectively cracking down on and preventing civil false lawsuits is the focus of this article.The phenomenon of false litigation appeared in the field of civil and commercial affairs in China in the 1990s;the concept of "false litigation" was first seen in the2003 false(malicious)civil litigation seminar.In order to comprehensively and effectively prevent and sanction civil false lawsuits,the concept of civil false lawsuits and the definition of Procuratorial Supervision of civil false lawsuits should be broadly understood.The People's Procuratorate,as the national legal supervision organ,enjoys the right to supervise civil proceedings in accordance with the law.It is necessary and feasible to supervise civil false actions.In recent years,the procuratorate has actively carried out special supervision work on false litigation,and the number of civil false litigation Procuratorial Supervision cases has increased.However,the civil false litigation Procuratorial Supervision still faces the following dilemmas: flaws in the case discovery and identification system,which are manifested by the poor source channels of the case,and the timing of supervision is lagging,etc.;there are limitations to verify civil false litigations,which are manifested as operational obstacles to the investigation and verification right;There are shortcomings in the liability investigation mechanism of civil false lawsuits,which are manifested as loopholes in the civil liability investigation system.Facing the predicament of Procuratorial Supervision of civil false lawsuits,we must first construct a long-term mechanism for the discovery and identification of civil false lawsuits,which specifically includes unblocking the source channels of cases,establishing a full-process supervision mechanism,expanding the scope of mediation and Procuratorial Supervision,and uniformly defining civil false lawsuits;secondly,Establishing a review mechanism for civil false lawsuits,including improving the system of investigation and verification rights,and establishing a coordinated internal and external supervision mechanism;Finally,we need to improve the mechanism for accountability of civil false lawsuits,including improving the system of civil liability investigations,increasing criminal liability,and using other resources appropriately.Accountability measures.Thereby,comprehensive and effective prevention and sanction of civil false lawsuits are provided,which provides an effective way for prosecutorial organs to curb civil false lawsuits.