An Analysis Of The Dilemma And Transformation Path Of The Court Governance Of False Civil Litigation In My Countr

With the continuous development of China’s legal construction,more and more people began to use litigation to resolve conflicts.Under this background,the number of all kinds of litigation cases showed a straight rising trend.At the same time,all kinds of false lawsuits frequently appear,which not only violates the principle of honesty and credit,destroys the normal judicial order,but also seriously damages the credibility of China’s judicial organs.At present,in judicial practice,the courts of our country mainly use the way of investigation according to authority to punish the false lawsuit.Judges have more authority to deal with bogus lawsuits.However,the number of false litigation cases does not decrease.On the contrary,the excessive reliance on the investigation and punishment of the court has caused a certain impact on the principle of debate,but also conflicts with the litigant doctrine.Therefore,we should comprehensively consider the contradiction between the litigant doctrine and the regulation of false litigation according to authority.Explore and discover a new way to regulate the court of false litigation,and provide guidance to solve the problem of false litigation in practice.Based on the analysis of the current situation of Court Regulation of false litigation in China,this paper further discusses the problems existing in the practice of regulating false litigation in China.And this paper expounds the reasons for the urgent transformation of Chinese courts’ regulation of false litigation.Furthermore,the paper puts forward specific ideas on the selection and construction of the transformation path.Firstly,we should make it clear that the courts of Our country at present mainly adopt the way of investigation and examination on the basis of authority to regulate the false litigation.In the meantime,there are many problems in judicial practice,such as difficulty in identification,blocking of the third party’s participation in litigation and weak punishment.Secondly,the way of regulating false litigation according to authority conflicts with the principle of debate and litigant doctrine,and conflicts with the development direction of the mode of civil litigation in China,which has the necessity of transformation.Finally,combined with the actual situation of our country to explore the court regulation of false litigation mode transformation of the new path.We need to establish a pre-litigation warning and prevention mechanism based on the parties’ obligation to truthfully state,expand the mechanism for outsiders to participate in litigation,and improve the mechanism for punishing false litigation.With the joint efforts of the judicial authorities and us,there is no place for false lawsuits to hide.