The Prevention And Control System Of False Litigation In China

In modern society, as people improve their legal concepts, legal consciousness enhancement, more and more people choose to resolve disputes through litigation, litigation has become the main way of dispute settlement mechanism and human rights.However, the Yellow River, mud and sand flow together, litigation in play its proper function at the same time, is also a small number of criminals use to seek illegal interests, so the false litigation.In recent years, the number of false cases increasing year by year, serious damage to the judicial authority and judicial credibility, and infringe on the lawful rights and interests of others, and do great harm to the rule of law construction of our country.The civil procedure law before modification, no mention of our country law of false litigation, the study of false litigation still stay in theoretical circle, the punishment for the false action is also very poor.Given the false litigation emerge in endlessly, all over the country more court suggested to punish a false litigation legislation.In modifying the civil procedure law in 2012 increased by two, specially on false litigation rules, has provided a legal basis for our country to crack down on false litigation, is in the legislation of breakthrough.However, the law also has its disadvantages, the limitations of the absence of form a complete set of substantive law and the law itself, in-the trial practice, going around the court, no unified standard and scale, is also a far cry from the result of the false litigation process.Cannot give full play to the legislative intent, unable to effectively curb the false litigation.In this paper, it is in this background, in view of our country law research on the problems existing in the field of false action.In view of the author’s professional characteristics, the aim of the article is to through the theoretical demonstration and analysis of legislative, providing legal support for the trial practice.Article is divided into three parts, the first part is the basic theory of false action, in this part mainly analysis the false litigation the meaning of the concept, characteristics and standards, with the malicious litigation, litigation fraud, such as noun compares, classified by introducing typical cases, in order to more correct understanding and defining the false action.The second part analyzes the cause of false litigation and the existing problems, the author from the social reasons, legislative and judicial reasons three aspects to analyze the causes of false litigation, and summarizes the characteristics of present false lawsuits, elaborated our country law in the regulation of false claims system vicissitude and the deficiency.The third part gives a perfect legal system of advice, in this part the author first lists the legislative model of abroad, on the basis of the comparison reference, improving Suggestions on our country’s legislative and judicial.Law as a social management means, of course, there will always be some disadvantages, especially a new rule of law, it is easier to loophole, its improvement and perfect is not going to finish, need legal persons from all walks of life work together to explore.