Research On The Procuratorial Supervision Of Civil False Litigation In China

Under the influence of traditional psychology such as "fear of litigation","fear of litigation",many people will inevitably fall into an instinctive state of escape when they are faced with the possibility of realizing dispute resolution and rights protection through litigation,for fear of "getting involved in a lawsuit".In recent years,with the enhancement of people’s legal consciousness and the improvement of the socialist rule of law,more and more people recognize the legal means to protect their own rights and interests.However,a phenomenon of deliberately "creating lawsuits" has emerged and intensified."Cracking down on false lawsuit" is actually a popular name for civil false lawsuit,which is constantly growing due to the reality of the imperfect construction of social credit system,the lack of some norms in the legislative and judicial systems.The false litigants abuse the right of action,take the action as the tool to obtain the illegal interests,and cover up the illegal purpose in the legal form of the action.From the perspective of individual cases,it not only damages the legitimate rights and interests of the outsiders,but also may infringe the public interests of the state and society.As a whole,the false action not only alienates the justice as the tool to seek the interests,but also creates the judicial resources It is a great waste and a serious challenge to judicial justice,which damages the authority and credibility of the judiciary.False litigation has become a serious problem in legal practice.How to accurately identify false litigation cases and propose effective regulatory methods has become an urgent problem in legal affairs.The procuratorial organ of our country is a special legal supervision organ stipulated by the constitution,which has the legal investigation and verification power and undertakes the supervision responsibility of the criminal and the people.The intervention of the procuratorial organ in the false litigation not only has the legal basis but also meets the practical needs:in the litigant mode,the court often appears as a neutral and passive judge,who finds the clues or facts of the false litigation and introduces them On the contrary,public security organs and procuratorial organs show more active participation and stronger action force in the judicial practice of regulating false litigation.The Supreme People’s Procuratorate and procuratorates at all levels have carried out special supervision activities on false litigation for five consecutive years since 2015.Five of the fourteenth batch of guiding cases announced by the Supreme People’s Procuratorate in 2019 are typical cases of procuratorial supervision on false litigation,and the procuratorial organ’s supervision on false litigation continues to increase.The main research methods of this paper are literature research,comparative analysis and case analysis.This paper is divided into five parts:The first part is the introduction,including the research background and significance,domestic literature review,research methods and paper structure,as well as the innovation and deficiency of this paper.The second part is an overview of civil false litigation,including the concept and characteristics of false litigation,the causes of false litigation and the types of false litigation.The third part discusses the necessity and legitimacy of procuratorial supervision in civil false litigation.The necessity of the procuratorial supervision of the civil false litigation includes:the civil false litigation has great practical harm,the court has difficulties in regulating the false litigation,and the need of the victim’s right relief;the legitimacy of the procuratorial supervision of the civil false litigation includes:the procuratorial organ is the legal criminal and civil supervision organ in China,The requirement of realizing the task of Civil Procedure Law,and The procuratorial organ has the advantage of supervision.The fourth part is the current situation and problems of the supervision of civil false litigation.According to the work report on Procuratorial Supervision issued by the Supreme People’s Procuratorate and the fourteenth batch of guiding cases issued by the Supreme People’s Procuratorate,the author analyzes the current situation of procuratorial supervision in civil false litigation,and on this basis summarizes the scope,procedures,methods and results of procuratorial supervision in civil false litigation.The main problems existing in the procuratorial supervision of civil false litigation in China are:the timing of the procuratorial supervision of civil false litigation is lagging behind,the scope of the procuratorial supervision of civil mediation is too narrow,there are few ways to find the case clues,the exercise of the right of investigation and verification is limited,and the mechanism of joint accountability is not perfect.In the fifth part,in view of the problems existing in the supervision of civil false litigation,the author puts forward some concrete suggestions.it includes:establishing supervision and prevention mechanism,broadening the scope of civil mediation supervision,building diversified channels and platforms for case discovery,improving the investigation and verification system,and combining internal and external efforts to crack down on false litigation.