Research On Legal Regulation Of Civil False Litigation

With the continuous development of our country’s economy and culture and the improvement of people’s awareness of legal rights protection,civil litigation has become the main way to resolve disputes and safeguard legitimate rights and interests,and its function and value manifest at the same time means facing new problems:some lawbreakers unilaterally implement or collude with each other maliciously,bring a lawsuit to the court by fabricating facts and fictitious civil legal relations,in order to achieve the purpose of using legal civil procedure to seek illegal interests.In this context,a large number of civil false litigation,which is not consistent with the basic value and purpose of civil litigation,has emerged.The law of our country mainly regulates the civil false litigation by the principle of good faith,sanctioning the behavior of the parties and giving the third party the way of withdrawing the action.However,in the process of legal regulation,there are some problems such as the difficulty of finding civil false litigation cases,the unclear standard of civil false litigation judgment,and the lack of tort liability of civil false litigation.These problems are mainly caused by the narrow scope of regulation of civil false litigation,the low cost of illegal civil false litigation,the poor operability of the principle of good faith,the incomplete supporting mechanism of the filing and registration system,and the limited scope of protection of the third party’s revocation action,and the influence of the judicial litigant litigation mode and the mediation system.Therefore,it is necessary to perfect the legal norms of civil false litigation and standardize the judicial behavior of civil false litigation.