Study On The Procedure And Evidence Of False Lawsuit

In recent years,the cases of false litigation are frequent,it is urgent to prevent and punish the crime of false litigation.In the substantive law,the concept of false litigation is different from that of litigation fraud and malicious litigation.The problem of false litigation in the procedural law mainly focuses on the filing procedure,trial procedure and rules of evidence determination.According to the different time of discovery of false litigation,it is divided into two kinds of cases: discovery of false litigation after trial execution and discovery of false litigation in civil litigation.In judicial practice,the current false litigation department communication is not smooth,criminal prosecution tends to be conservative.As a special cross case of civil punishment,there are two problems in the criminal prosecution procedure: on the one hand,it is difficult to file a false lawsuit,and there is also the phenomenon of wrong filing.The reasons are mainly influenced by the characteristics of false litigation cases: the right of public security organs to prosecute is restricted by other judicial organs;meanwhile,it needs the cooperation of the three organs of public security and law inspection,and it is difficult to determine the nature of the case.The smooth proceeding of false lawsuit criminal filing procedure needs to improve the following provisions: first,to determine the public security organs as the subject of prosecution,strengthen the communication and exchange of public procuratorial organs on the case;Secondly,in terms of the conditions for case filing and investigation,the channels for receiving case cluesshould be unblocked,and the conditions for the initiation of criminal procedures and the standards for case filing and investigation should be clarified.Third,we will improve the cooperation mechanism for investigating and dealing with false lawsuits,and the three public procuratorial organs will share false lawsuit clues and information and improve the transfer procedure.On the other hand,in the trial procedure of false lawsuit,it is necessary to solve the problem of linking up the procedure of criminal proceedings.At present,the trial mode of false litigation cases is based on the principle of "punishment before the people".However,"punishment before the people" may lead to the neglect of the victims' civil entity rights and procedural rights.Based on the particularity of false litigation cases,the concurrent trial mode of the criminal may be considered to give consideration to both fairness and efficiency.The evidence problem of false litigation cases mainly focuses on two aspects:fact finding and evidence finding.As for the fact determination of false litigation,it can be seen from the analysis of routine loan cases that the existence of litigation and the occurrence of harmful consequences can be verified by written materials.However,it is difficult to prove that the actor "fabricated the main facts",and only the verbal evidence of the defendant's confession is not enough to identify the fact that the loan amount was inflated.According to the existing judicial cases,the evidence of false litigation cases can be classified into types.The number of cases without confession is very small,but even if there is no confession,the testimony of witnesses is needed to determine the causal relationship.Therefore,the proof of "fabricating facts" mainly relies on verbal evidence.The application of this way of evidence confirmation makes the case handling organs to build the evidence chain from the word of evidence,which will lead to the limitation of evidence collection,the neglect of the evidentiary power of objective evidence,the formalization of judicial proof and the difficulty of identification caused by the single proof thinking.Therefore,on the one hand,we should perfect the way of examining false evidence.In the examination of physical evidence,it is necessary to take physical evidence as the foundation of the evidence chain and pay attention to the comprehensiveness of the examination of physicalevidence.In the examination of evidentiary evidence,when there is a contradiction between evidentiary evidence and evidentiary evidence,different evidentiary examination methods should be adopted according to the degree of relevance between evidentiary evidence and the facts to be proved.On the other hand,it is not impossible to settle a case without testimony in the judgment of false litigation evidence.As long as the quantity and quality of witness testimony and physical evidence can meet the requirements,the existence of criminal facts can also be confirmed.The first is the process in which witness testimony directly confirms the defendant's "fabricating facts" and other evidence confirms it.Second,the physical evidence itself is strong,which can directly determine that the written evidence material submitted by the defendant in the civil action is forged,and there are other unreasonable things.At this time,the judge should be allowed to use logical inference and rule of thumb to determine the existence of "fabrication of facts".