Research On Legal Regulation Of False Civil Procedure

With the development of our country’s legal society in China,the strength of the promotion law continuously strengthen.So that citizens’ legal concepts have been changed and their legal awareness of self-protection enhanced.More and more people choose civil procedure to solve problems and disputes,and the role and value of civil procedure are gradually recognized and accepted by people.However,in the legal environment where the social credit system is not sound,many lawless elements take advantage of the legal form of litigation,collude with others maliciously,and attempt to realize their own illegitimate interests by forging and altering evidence.Civil sham litigation is not only extremely useless for people to settle disputes with.It also destroys the existing stable social judicial order,makes people doubt the judge’s authority and lose confidence in judicial credibility.As a result,the function of civil litigation to solve disputes and protect legitimate rights and interests has been seriously impacted,and has become one of the difficult problems troubling the judicial organs.When the civil procedure law was amended in 2012,it added provisions on the regulation of civil false litigation.This is the first time that China has limited the relevant contents of civil false litigation in the form of law.Since then,the criminal law amendment(ix)in 2015 has set up a new crime of false litigation for the regulation of civil false litigation.In addition to the relevant judicial interpretation and guidance cases,the regulation of civil false action is perfected respectively.But for reasons such as rough legal provisions,to make it less effective in practice,limiting the utility of legal norms,as a result,there are still many problems in regulating civil false litigation in China.Coupled with the current judicial environment,there is no balance between judicial efficiency and judicial fairness.Therefore,it is difficult to effectively prevent and combat civil false litigation.This paper takes this as the premise,to analyze the dilemma of how to regulate the chaos of civil false litigation.Finally,some Suggestions are put forward to improve the regulation.The first part of this paper is an overview of civil false action.Mainly from theconcept of civil false litigation characteristics,discriminate between the concepts of approximation.Through the data analysis method,based on it in the chart.This paper discusses the high incidence of civil false action and analyzes its harm.The second part of this paper is the cause and determination of civil false action.This part analyzes the causes of civil false litigation cases through the situation of civil false litigation cases shown in the chart.Furthermore,it further interprets the relevant provisions of civil false litigation and discusses the standards and methods for the determination of civil false litigation.The third part of this paper is the legal regulation status and dilemma of civil false litigation.Starting from the legislative level and judicial practice.The present situation and predicament of civil false litigation are expounded respectively.By analyzing the legal provisions of some countries outside China in the field of civil false litigation,this paper explores the enlightenment of relevant provisions on the regulation of civil false litigation in China.The fourth part of this paper is the Suggestions of improving the regulation measures of civil false litigation.This part analyzes the current situation and existing dilemma of civil false litigation in the legislative level and judicial practice.Then from the two angles of legislation and judicature,this paper puts forward some Suggestions on how to perfect and perfect civil false litigation prevention and regulation measures.