Research On Prosecutorial Supervision Of Civil False Litigation

With the change of our society and the development of economy,the number of civil litigation cases is increasing day by day,and civil false litigation is not uncommon.The frequent occurrence of civil false litigation not only harms the legitimate rights and interests of others,national interests,social and public interests,but also affects judicial authority,destroys judicial order and wastes judicial resources.China’s procuratorial supervision over civil false litigation is a system innovation in procuratorial practice with Chinese characteristics,which to a certain extent has cracked down on dishonest civil litigation.Correct the wrong judgment,maintain social fairness and justice.At the beginning of the 21 st century,procuratorial organs all over the country began to explore the methods of regulating civil false litigation in practice,thinking about how to establish an effective system to regulate civil false litigation.In 2001,Xuzhou City,Jiangsu Province defined a sale dispute as "malicious litigation".In 2003,Henan Provincial People’s Procuratorate and Zhengzhou People’s Procuratorate jointly held a seminar on "false(malicious)Civil Litigation" in Zhengzhou,which opened the prelude for procuratorial organs to supervise false civil litigation.Since then,the procuratorial supervision of civil false litigation has been paid attention to by theorists and judicial departments,and the procuratorial organs have made continuous progress in their understanding and regulation of civil false litigation.Since 2015,under the unified deployment of the Supreme people’s Procuratorate,the provincial procuratorates quickly organized and carried out the "Special activities for Supervision of Civil false Litigation",and the number of procuratorial supervision cases of civil false litigation in the whole country showed a rapid growth trend.Special activities have corrected a number of erroneous judgments in accordance with the law,severely punished a number of false litigation participants,and achieved remarkable results in cracking down on civil false litigation.In spite of this,there are still many legal system problems,practical difficulties and mechanism obstacles in the supervision of civil false litigation carried out by procuratorial organs in practice.Firstly,the scope and object of supervision are not clearly defined.In terms of the object of supervision,based on the functional orientation of the procuratorial organs to supervise the public power,it is controversial whether the procuratorial organs can supervise the civil mediation statements that simply harm the interests of the parties and outsiders.In relation to the scope of supervision,it is clear whether the procuratorial organs in civil false litigation can carry out supervision in litigation and how to supervise in litigation.Secondly,the clue channel of civil false litigation case is not smooth.The civil false litigation itself has a high degree of "concealment",and there are few clues to sue and report by the parties and outsiders,so it is difficult for the procuratorial organs to find civil false litigation clues by themselves.The working mechanisms such as resource sharing,clue transfer,and assisting investigation within the procuratorial organs are not perfect,and the communication between the procuratorial organs and the courts,public security organs,and supervisory committee departments is not enough.There is no efficient cooperation and cooperation mechanism for information sharing,network inquiry,clue transfer and case investigation.Also,there will be obstacles in information sharing and poor connection of mechanisms when specific work is carried out.Thirdly,the supporting mechanism of procuratorial supervision in civil false litigation is not perfect.The main reason is that the power of investigation and verification needs to be strengthened,and the procuratorial organs have no legal force to investigate and collect evidence in civil procuratorial supervision,resulting in limited means to obtain evidence and review cases.The legal punishment system of civil false litigation needs to be improved,the punishment of civil false litigation cases is relatively light,the proportion of criminal responsibility is very low,and the illegal cost is not proportional to the illegal income.The procuratorial team at the grass-roots level is mixed with the good and the bad,and the strength of civil procuratorial departments in handling cases is weak,which affects the quality and efficiency of procuratorial supervision in civil false litigation.With practical experience,the study aims to provide some reference for improving the civil false prosecution supervision.First,it is necessary to improve the relevant laws and regulations on the supervision of civil false litigation,clarify the object and scope of procuratorial supervision in civil false lawsuit,redefine the object of prosecutorial supervision in criminal false civil lawsuit,and include the mediation document that damages the interests of the parties and outsiders in the civil false prosecution supervision.It is suggested to further elaborate the scope of procuratorial supervision of civil false litigation,and make it clear that the civil litigation supervision is no longer limited to "post-litigation supervision," but can carry out "pre-litigation supervision" and "in-litigation supervision." The second is to smooth the source channels of civil false litigation procuratorial supervision cases,including innovating the mechanism for detecting clues in civil false lawsuit procuratorial supervision.We shall adhere to the idea of integrated prosecution in handling cases,strengthen the coordination within the system of procuratorates,and reinforce the exchange and sharing of data and information between the procuratorial organ and the court,the public security agency,the supervision commission and other departments.Moreover,we need to improve the civil false litigation supervision supporting mechanism,including intensifying the investigation and verification right to operate security mechanism,enhance the investigation of the mandatory verification right,heighten the refusal or obstruction of the right to investigate and verify the exercise of punishment,joint public security agency to carry out investigation and verify.Improve the relevant accountability mechanism,strengthen the investigation and accountability of judicial personnel,increase the intensity of civil sanctions,build a tort compensation system,and increase the cost of implementing false litigation.Continuously optimize and improve the structure and ability of the civil procuratorial team,reinforce the training of relevant courses,and enhance the practical ability of prosecutors to identify civil false lawsuits and handle supervision of civil false litigation.