Research On Legal Regulation Of Civil False Litigation

Civil litigation is an important legal procedure for handling civil disputes in China,and fairness,justice,and judicial credibility are the reasons why civil litigation is trusted by the state,society,and the people.However,due to the long-term existence of false civil litigation,the credibility of China’s civil litigation system and the integrity of society have been severely damaged.In recent years,China has continuously strengthened its efforts to crack down on civil false litigation,but there are still areas for improvement in the relevant systems.Combining the judicial practice of civil litigation,clarifying the shortcomings of China’s current false litigation regulation system,and identifying and cracking down on civil false litigation in a targeted manner is the only way for the healthy development of China’s civil litigation system.The problems in China’s civil false litigation regulation system can be divided into three aspects,including legal basis,judicial practice,and issues related to relief and sanctions after the event.At the level of legal basis,there are issues such as unclear application of provisions related to civil false litigation,failure to determine the legal status of unilateral implementation of civil false litigation,and failure to consider the concealment of special relationships between parties;The problems in judicial practice include lax filing and evidence review,improper use of court mediation procedures,and uncoordinated cooperation among law enforcement and judicial authorities;The shortcomings in the relief and sanctions aspects are reflected in the insufficient and unclear channels for third-party relief,imperfect proof standards,and poor effectiveness of criminal law regulation.Regarding the countermeasures and suggestions for regulating civil false litigation,it is necessary to revise the relevant provisions of civil false litigation and strengthen the construction of the rule of law and integrity culture in promoting legal amendment and integrity construction;From the perspective of optimizing judicial procedures,it is necessary to establish specific standards for case filing and evidence review,as well as channels for cooperation between law enforcement and judicial departments,and improve the mediation system and third-party relief system;In terms of strengthening the sanctions against civil false litigation,civil false litigation can be included as dishonest behavior,clarifying the tort liability of civil false litigation,and enhancing the effectiveness of criminal law’s sanctions against false litigation.