Research On Procuratorial Supervision Of False Litigation

The high incidence of false litigation has become a persistent problem in civil litigation.The existence of a large number of false litigation cases not only damages the judicial order,but also damages the legitimate rights and interests of others.Some false litigation cases even cause damage to national interests and social public interests.In order to prevent and sanction false litigation,the Supreme People’s Court has successively issued a number of judicial interpretations and normative documents,such as 《 Guidance of the Supreme People’s Court on False Litigation’s Prevention and Sanction 》in 2016,and 《Opinions of the Supreme People’s Court on Deepening the Work of Rectification of False Litigation》in 2021.However,due to the limitation of litigation system and other issues,the court has made efforts to prevent and sanction false litigation,Especially in the effective adjudication regulation of false lawsuits,it seems inadequate and ineffective.A large number of cases in judicial practice show that compared to courts,public security organs,and judicial administrative organs,procuratorial organs have obvious advantages in regulating falselitigation,but there are also some problems and difficulties.Therefore,it is of great significance for the procuratorial organ to accurately supervise false litigation by discussing the shortcomings and difficulties of the procuratorial organ in supervising false litigation and putting forward targeted suggestions for improvement.This article focuses on the judicial practice and demonstrates the procuratorial supervision of false litigation through four major parts,including concept analysis,dispute,discussion,problem proposal and improvement suggestions,as follows:The first chapter discusses the basic theory and composition of false litigation,focusing on the controversy over the concept of false litigation in academic and judicial practice,and through a comparison of the standards for determining false litigation in civil and criminal legislation,puts forward the views of this article.Then,it discusses the meaning,methods and targets of false litigation procuratorial supervision,clarifying the basic concepts of false litigation procuratorial supervision,and laying the foundation for subsequent argumentation.The second chapter mainly discusses the necessity of strengthening judicial supervision on false litigation,focusing on the difficulties faced by the current regulation of false litigation in China and the advantages of procuratorial organs in the supervision of false litigation.The third chapter mainly discusses the problems existing in the procuratorial supervision of false litigation.From the perspective of judicial practice and in accordance with the sequence of judicial cases,it discusses the four major problems of the procuratorial supervision of false litigation,namely,the difficulty of finding clues,examination and determination,investigation and verification,supervision and correction.The fourth chapter aims at the problems existing in the practice of procuratorial supervision of false litigation proposed in the third chapter,and offers proposal through improving the clue discovery mechanism and clarifying the criteria for the identification of false litigation from four aspects: improving the ability of investigate and verify,improving the system of investigation and verification,strengthening the supervision and improving the supervision effect.