Research On Procuratorial Supervision Of Civil False Litigation In China

Civil litigation has become a way for Chinese people to resolve disputes and safeguard their legitimate rights and interests,but there will be the problem of false civil litigation.The appearance and frequent occurrence of false civil lawsuits not only undermines the construction of the social credit system,infringes upon the legitimate rights and interests of the country,society and others,but also wastes judicial resources and damages judicial authority.Its specific form is that the parties,through "unilateral intentional" or "malicious collusion",fabricate facts,fabricate civil legal relations,and file a civil lawsuit in the people’s court,in order to achieve the purpose of using legal proceedings to seek illegal interests.In recent years,the procuratorial organs headed by the Supreme People’s Procuratorate have carried out a large number of special supervision activities for civil false litigation,and the number of civil false litigation procuratorial supervision cases investigated and handled is increasing year by year.However,the procuratorial supervision of civil false litigation still faces the following dilemmas: the procuratorial supervision system of civil false litigation is not perfect,which is manifested in the unsmooth channels of case clues,the lag in procuratorial supervision,the gap in the connection between civil and criminal,and the lack of a strict legal punishment mechanism;procuratorial supervision The working environment affects the efficiency of case handling,which is manifested in the lack of rigidity of procuratorial supervision and the lack of cooperation among various departments within the procuratorial organ.To solve the shortcomings of the procuratorial supervision of civil false lawsuits,we must first improve the legal system of civil false lawsuits,including smoothing the source channels of cases and establishing a supervision mechanism for the whole process of civil lawsuits.Secondly,it is necessary to strengthen and improve the efficiency of procuratorial supervision,including diversified supervision to make up for the lack of rigidity,and the establishment of an internal linkage supervision mechanism.Thereby effectively preventing and sanctioning civil false lawsuits.