Research On The Identification Procedure Of Civil False Litigation

The economy is growing faster,society is transforming.The endless emergence of new types of cases has brought new challenges to the legislature and the judiciary In recent years,the frequent occurrence of false litigation cases not only infringes on the legitimate rights and interests of the parties,but also causes serious waste of judicial resources,the decline of judicial credibility,unable to play its function of dispute resolution.Many experts and scholars in the theoretical and practical circles have paid more and more attention to the increasing number of false litigation cases The Supreme People's court has issued relevant judicial interpretations to regulate them.Experts and scholars from all walks of life have published articles in succession While elaborating the characteristics and frequent causes of false litigation cases,they have put forward their own views on identifying and punishing false litigation,which has important theoretical value And reference significanceThis paper have four chapters:the first chapter is an overview of false litigation This paper expounds the concept of false litigation and the scope of this study.And through the analysis of the characteristics of the false litigation cases and the similar concepts with the false litigation,the paper clarifies the forms,types and standards of the false litigation cases in practice.The second chapter is the analysis of the status quo of civil false litigation identification procedure.This part mainly expounds and explains the current legislative norms of the identification procedure of false litigation in China and the status quo of the identification of false litigation in judicial practice,and puts forward the existing problems of the identification procedure of false litigation in the field of legislation and justice,and summarizes and summarizes the problems.The third chapter is to question the identification procedure of civil false litigation in China.That is,the impact of the existing provisions on the existing rules of civil litigation in China,as well as the conflict between the existing theory of false litigation identification procedure and the important rules of civil litigation,which is not in line with the pursuit of the benefit and value of civil litigation,and the trend of dispute settlement by mediation,etc.The fourth chapter is to reconstruct the false litigation identification system.This chapter first questions whether the false litigation belongs to the dispute or non litigation cases,and analyzes and confirms the principle of non litigation procedure and the characteristics and forms of the false litigation cases.Then through the experience of foreign advanced non litigation procedure and the characteristics of false litigation cases,the necessity and feasibility of identifying false litigation cases into non litigation procedure are put forward creatively.Finally,from the perspective of legislation and judicature,it puts forward suggestions to improve the current identification procedure of false litigation,and provides for the coordination and connection of the litigation procedure and non litigation procedure.