The Identification And Regulation Of False Civil Lawsuits

With the rapid development of Socioeconomic,and the legal environment is becoming perfect,and the citizens' concept of the legal system is constantly increasing,a growing number of social disputes be sent to the court,in the hope that through the civil lawsuit to resolve those disputes.However,since the steps of social concepts such as honesty lag behind the development of Socioeconomic,the lack of honesty leads to the increase of the false civil lawsuit.The current regulatory measures for such cases have insufficient strength to cause imbalances between illegal costs and benefits,as well as hypercorrection caused by crime of the false lawsuit.Because of the conspiracy between the false civil lawsuit actors,fabricate legal facts and legal relationships,the degree of falsity and deceptive of the false civil lawsuit is very high.And it is also extremely difficult to identify and effectively regulate such cases,so it is becoming a realistic problem of theory and practice.The revision of the new Civil Procedure Law,the promulgation of the Criminal Law Amendment(9)and a series of related legal documents have important significance to identifying and regulating the false civil lawsuit,but there are still many problems need to be resolved in practice.Because of the different understandings of the false civil lawsuit,the recognition standards issued by courts in different regions based on their own understandings are also different;The passive position of judges and the administrative judicial system have caused them neglect the exercise of discretion when facing such cases;Coupled with the malicious use of the lawsuit mediation system,the false civil lawsuit has repeatedly succeeded in practice.The lack of the infringement lawsuit and the infringement compensation system has caused a huge spread between the illegal costs and benefits of the false civil lawsuit.However,the Interpretation of the Civil Procedure Law requires that the confirmation of fraud and malicious collusion must meet the standard of "exclude reasonable doubt",It undoubtedly exacerbates the difficulty of identifying the false civil lawsuit.Excessive exits made it easier for people to escape after an illegal act,and it also increased their arrogance.The promulgation of the "Judicial Interpretation of Crime of the False Lawsuit" attempts to change this situation,however,the concept of "first criminal procedure,then civil procedure" has led to the false civil lawsuit being sent to criminal procedures indiscriminately,regulatory path deviates again.This paper is based on these problem,through the analysis of the connotation of the false civil lawsuit?the analysis of related concepts?the causes?the harm to society,aiming at the problem of identification,proceed from judicial practice to dig out the root cause of this problem.Along the lines of unified identification standards?the establishment of an entrance examination mechanism and the improvement of the court's working mechanism,from different perspectives of rational analysis and empirical analysis,summarize the effective identification methods for different types of cases.Regarding the problems encountered in regulation,based on the current status of legislative regulations,find problems from the current situation and find answers from the problems.From the perspectives of certification standards,the strengthening of the judge's right to investigate and collect evidence,the construction of the infringement lawsuit system,and the improvement of the connection betweencivil and criminal regulations to solve different problems faced in practice.