Legal Regulation Of Civil False Lawsuits

In recent years,the number of civil false litigation cases has increased sharply,which has seriously damaged the legitimate rights and interests of civil subjects and eroded the judicial credibility.In order to curb the development of civil false litigation,China has actively revised the civil procedure law,issued relevant judicial interpretations,and written the crime of false litigation into the criminal law,initially forming a regulatory system of false litigation.Due to the limitations of the existing relief system and evidence system,the mediation system reduces the identifiability of false litigation,and the weakening of the judge's trial status,the regulation of false litigation still needs to be explored.Based on the type analysis of the empirical data of private lending,labor disputes and false litigation of construction projects,this paper refines the review points of several kinds of common disputes,and expounds the ideas of breaking through the regulatory dilemma from the aspects of system design and judicial perfection.At the institutional level,the effectiveness of regulation and relief can be achieved by clarifying the liability for tort damages,refining the applicable rules of the crime of false litigation,strengthening the third party's cancellation action,and optimizing the standard of evidence proof.At the judicial level,the legal regulation of false litigation in China can be helped by establishing pre-trial prevention mechanism,improving civil mediation system,strengthening the dominant position of judges in the trial,and combining with auxiliary measures such as improving litigation integrity,realizing information sharing and strengthening civil procuratorial supervision.