The Research Of The Composition And The Legal Consequences Of Fictitious Litigation

With the development of the Social Economy and the Rule of Law, it has becomenormal that people are resolving their disputes and safeguarding their legitimate rights andinterests through litigation. Meanwhile, in order to seek illegal interests, some peopleabuse their procedural rights under the law through fictitious action by means ofdisguising，withholding the truth，falsification of evidence, colluding and so on. These hadgreatly violated the dignity of the law, the judicial authority and legitimate interests ofothers. The existence of fictitious Litigation has many reasons, including the lack of socialintegrity, the incompletion of legal system and the judicial mechanisms. How to solve thisproblem effectively is a complex and systematic but really meaningful task. The paper isgoing to discuss this in four divided parts.The first part includes the clear analysis of the definition of Fictitious Litigation, itsoutward manifestation and inherent characteristics, the analysis and comparison ofFictitious Litigation and similar concepts, and the necessity of its independence andresearch.The second part includes the analysis of the common places through some canonicalcases and the entity recognition analysis of constitutive requirements of FictitiousLitigation basing on case studies and theoretical thinking.The third part includes the type studies of Fictitious Litigation, the significance of itstype studies, its research findings and the point of views that are concluded basing on theabove contents.The fourth part is mainly about the Legal Consequences of Fictitious Litigation basingon all the content in this paper including its shunt operation, the procedure and entity of itsflow operation, and the practicable regulation measures.