The Identification And Regulation Of Civil False Litigation

In recent years,civil false litigation cases emerge one after another,which not only seriously endangers the judicial order and the legitimate rights and interests of the right holders,but also aggravates the loss of social integrity.The emergence of false litigation is not only the reason for the system to be improved,but also related to the unsound credit system of our whole society.The newly revised civil procedure law in 2012 defines civil false litigation,which provides legal basis for the punishment of civil false litigation.In the amendment to the criminal law(ix)in 2015,"false lawsuit crime" has become an independent crime,which indicates that the state has unprecedentedly strengthened sanctions against false lawsuit.In 2016,the guiding opinions of the supreme people’s court on preventing and sanctioning false litigation further pointed out the five elements of false litigation and the means of screening false litigation in trial practice.The interpretation on several issues concerning the application of law in handling criminal cases of false litigation released by lianggao in 2018 further clarifies the definition and sentencing standards of criminal ACTS of false litigation,which are of great significance for the regulation of false litigation.At present,the governance of false litigation in China is still dominated by the regulation after the fact,with a strong hysteresis,which not only fails to protect the legitimate rights and interests of outsiders in time,but also wastes litigation resources.Therefore,we should try to perfect the regulation of false litigation,maintain the judicial authority,save litigation resources,and better reflect the legal effect of deterrent and crackdown on false litigation.By trying to build before litigation filing prevention system,false lawsuits in v.evaluation system,to prevent false litigation information sharing system and active censorship of the court to make false lawsuit behavior person,property,litigation-related wading identity holding information disclosed,maximum limit realizes the party and between the court and judicial organs of information symmetry,the court can effectively regulate false action.At the same time,the relevant rules of evidence in civil litigation can be improved according to the actual situation,and the highly probable proof standard of "malicious collusion" can be restored.Reasonable construction of the punishment mechanism for breach of real obligation;Simplify the starting conditions of the third party’s revocation action;Strengthen the substantive examination of the facts and disputes in mediation cases;Establishing the system of compensation for tort of false lawsuit;The law and the people’s procuratorate should strengthen the communication and coordination in the civil field,form a joint effort to do a good job in the supervision and examination of suspected false litigation cases,and further improve the procedural provisions of the procuratorial organ’s right of investigation and verification;We will continue to strengthen publicity and education of social integrity and morality and accelerate the establishment of a well-structured system of social integrity.Through the above several aspects to gradually improve and improve,I believe it can better play the regulatory function of laws and regulations,in order to achieve the goal of proper governance of false litigation.