Research On Types,Causes And Regulations Of Civil False Litigation

In judicial trials,the number of false litigation on civil and commercial cases has increased,which disturbs the judicial order in China and erodes the credibility and authority of judicial activities.Although a series of measures to prevent false litigation has been introduced in China,there is still a long way to go.Combining with theoretical research and practical application,this thesis summarizes the common cases of false litigation,and concludes the causes of false litigation in the civil field through searching and analyzing a large number of cases.In addition,it also attempts to provide suggestions from a theoretical perspective for establishing and improving relevant systems and supporting measures.First of all,the thesis expounds the social harm of false litigation in an effort to show the significance of studying false litigation.To further clarify the connotation and extension of false litigation,it firstly gives a brief introduction to the definition and connotation of false litigation,and differentiates false litigation from similar concepts like malicious lawsuit and litigation false.With more information about its definition and characteristics,false litigation can be identified in a well-timed manner.Second,through China Judgment Online,Wolters Kluwer,and www.itslaw.com,four types of common false litigation cases are sorted out.On analyzing some representative cases,the characteristics,identifying methods and main points of review of common false litigation cases are concluded.According to their behavior purposes,cases are divided into four types: cheating,evasion of responsibility,circumvention and rights confirmation.Furthermore,the causes of false litigation are discussed from the legal regulation,judicial operation,and social subjects respectively.The causes mainly include some institutional problems from evidence review,mediation,to the victim relief system,and problems in judicial practice like the disadvantages of the party dominant litigation model,defects in the judge management system,the malpractice of procuratorial organs and the in-coordination between different agencies.Social credit system construction,ideological and ethical standard,legal consciousness and other factors may also result in false litigation.In-depth knowledge of what causes frequent false litigation helps to generate more ideas to intervene and solve false litigation.In the end,the thesis gives some specific suggestions on current institutional measures based on the causes discussed above.In the legislative aspect,it is suggested that relevant laws should be enacted in terms of evidence system,mediation system and the third party revocation lawsuit system,and sanctions against false litigation should be strengthened.In terms of judicial operation,work need to be done to improve the litigation mode,the judge system,procuratorial supervision,and the coordination between judicial organs.As for the social factors,the establishment of the social credit system is put forward,and moral education and legal consciousness need to be strengthened.In all,the thesis offers perfect ideas and feasible suggestions in an all-round way.