On The System Construction Of Civil Procuratorial Supervision In False Litigation

With the implementation of the registration system,there are more and more civil cases.Along with it,there are many cases of civil false litigation.The parties defraud the court's judgment,mediation and payment order through false litigation,which not only damages the rights and interests of relevant people,but also affects the national trial order,wastes judicial resources,and harms judicial authority and judicial credibility.Therefore,it is imperative to crack down on false civil litigation and purify the judicial environment.Due to the large amount of civil cases handled by the people's court,and the characteristics of the false cases,such as concealment,false evidence,lack of substantive confrontation,etc.,the people's court is not strong enough to supervise the false civil cases.Article 14 of the Civil Procedure Law of the people's Republic of China(hereinafter referred to as the Civil Procedure Law)gives the procuratorial organ the right of legal supervision over civil proceedings.In the process of judicial practice,the procuratorial organ mainly supervises the civil litigation activities by means of lodging a protest,issuing procuratorial suggestions and retrial procuratorial suggestions.It is an effective way to crack down on false litigation that procuratorial organs supervise civil litigation activities according to law.From January 2017 to March2019,procuratorial organs at all levels across the country supervised more than 5500 civil cases of false litigation.In recent years,procuratorial organs have made great achievements in civil procuratorial supervision of false litigation.However,due to the characteristics of civil false litigation cases and the limitations of the existing civil procuratorial supervision system,it is difficult to achieve the expected results.At present,the current law of our country does not provide for the supervision of false litigation.In the judicial practice,the supervision of false litigation by procuratorial organs is based on the general provisions of procuratorial supervision.Therefore,it is imperative to construct the civil procuratorial supervision system of false litigation.This paper will discuss from the following three aspects.First of all,this paper expounds the basic theory of civil procuratorial supervision of false litigation,starting with the definition and characteristics of false litigation,and summarizes the false litigation.Combined with the meaning and nature of the supervision of false prosecution,this paper discusses the important significanceof the supervision of false prosecution.Secondly,the paper analyzes the necessity and feasibility of the civil procuratorial supervision of the false litigation,and discusses the feasibility of the legislation and the operability of the practice of the procuratorial supervision of the false litigation in combination with the actual needs of the procuratorial supervision of the false litigation in the fight against the false litigation,and the advantages of making up for the lack of the supervision of the court.Finally,the paper puts forward some suggestions on the system construction of civil procuratorial supervision of false litigation.It is suggested that the standard of false litigation should be defined and the procuratorial supervision of civil false litigation should be classified as an independent supervision type.Starting from strengthening the supervision of false execution and mediation,this paper puts forward some suggestions to expand the scope of application of false prosecution supervision.In the aspect of establishing the prevention system,clue discovery system and investigation linkage platform for the false litigation of the procuratorial organ,this paper puts forward suggestions on the construction of the supervision and guarantee system for the false litigation of the procuratorial organ.This paper puts forward the suggestion of strengthening the investigation and verification right of the procuratorial organ to the false lawsuit,and starts with the system construction of bringing the public interest lawsuit to the false lawsuit,exploring to bring the false lawsuit into the object scope of the public interest lawsuit.Focusing on the above suggestions,this paper makes a detailed discussion,and puts forward practical countermeasures and suggestions on the system construction of civil procuratorial supervision of false litigation.