The Legal Regulation On False Civil Procedure

The false civil procedure as a new malicious use of the courts and in fraud of law in our country, have yet to be clearly defined, litigation academic study on this issue is still in the intial stage. Along with the theoretical contention and legal absence, the false civil procedure is lack of a strong regulation in the judicial practice and showing a rising trend year by year, its harmful to the whole society. And it not only seriously infringed upon on the third party who is not involved in the original trial, waste of precious judicial resources, but also greatly damage the credibility of the judiciary. Based on this situation, this paper aims to analyze the phenomenon of the false civil procedure, its concept, characteristics and give the suggestions on relief and regulation .I hope it'll have a positive meaning to the theoretical research and judicial This paper is divided into four parts:Part one :From the basic issues of the false civil procedure ,my exposition include of concepts, characteristics of the problem. From the form of expression of false civil procedure, compare with malicious litigation, abuse of civil right to appeal, we can seek a correct understanding of the phenomenon, and the status and causes of this phenomenon to be analyzed.Part two :Analysis and study from the perspective of history and comparative law,, drawing on relevant foreign regulatory action theory of false civil procedure, that the combination by the procedural and substantive regulation system of the regulation is undoubtedly a powerful means of false civil procedure.Part three:Mainly discusses the theory of support for false civil procedure.First, the validity of the regulation made by the theoretical arguments, and then analyzed the regulation of this phenomenon the objectives and routing.Part four:Made on the idea of regulatory legislation. This paper argues that against the false civil procedure ,regulation needs substantive law and procedural law to building a system of the direct infringement litigation system, and by improving the right of the third party who is not involved in the original trial ,to achieve an indirect regulation of the legal effect.