False Litigation And Its Management

After thirty years of reform and opening up, our country has entered a new period ofthe shunting economy, social transition and sharp contradictions. Material civilization isbeing improved in this period while the spiritual civilization reverses, which are fullyreflected in the lack of social credit. For example, in the field of journalism, the false newsappear; in the financial field, there is counterfeit money; in the field of health, fakemedicines turn up; and in the field of education, the false diplomas emerge. When falseevidence appeared in the field of litigation, people think it to be normal and common. Falselawsuits also began to appear in the news media before we realized them. People fabricateevidence and make up false facts in these false cases, and they regard civil litigation as ameans to achieve their illegal purposes, for instance, escaping from the civil legalresponsibility, transferring of property, and evading debt. And these false civil lawsuits notonly lead to a waste of limited judicial resources but also seriously affect the normalprocedure of litigation and judicial authority. Therefore, it is necessary to build theprevention mechanism, case processing mechanism and comprehensive governancemechanism to supervise and prevent false litigation. It has become a problem to be solvedin the current judicial practice.On the basis of our country’s present situation of false litigation, this paper takesNantong as an instance, analyzes the false litigation that Nantong ProcuratorialOrganization has dealt with, sums up the laws and characteristics of the false litigationhappened in Nantong, deeply explores the causes of these cases and puts forwards theproposals and legal solutions to them. The introduction part mainly introduces the purpose,background, meaning, and ideas of writing, and the study of relevant scholars at homeand abroad on the issue. Starting from the definition of the false litigation, the authorexpounds its concept, components and important characteristics and summarizes the maintypes of false litigation. The body part thoroughly investigates and analyzes the false lawsuits happened in Nantong City, summarizes the characteristics and causes of them,further sums up the Nantong experience and puts forward reasonable suggestions toprevent and deal with the false litigation, based on the specific methods that NantongProcuratorial Organization uses to investigate and punish the false litigation.