Research On Honest Problems In Litigation

Since the practice of case-filing system, many dishonest litigations like repeated lawsuits and malicious prosecution greatly emerged and have become the hot issues of social concern. How to prevent dishonest litigations effectively has become a pressing concern for China’s judicature, especially for people’s courts at different levels. Various in form, dishonest litigations may occur in almost every judicial proceedings including registration, trail and execution, etc. and show different features in different proceedings. But they are identical in the following aspects:They are motivated by the subjective intent of litigants for some specific purposes or interests. And from an objective perspective, they all violate the principle of good faith, which holds the key to define these behaviors and seek effective solvements.Dishonest litigations are caused be multi factors, which mainly include weak integrity of the whole society, deficiency in government supervisions and credit system, lack of proper laws, regulations and punitive measures. Besides, the ill communication among different levels of China’s judicature and some officer’s deficiency in professional qualities and responsibilities may also contributed to this phenomena. Dishonest litigations will not only disturb judicial order, divert limited resources and infringe upon others’rights, but will also offend the dignity of law and challenge the Force of Public Faith.As the key link to identify and prevent dishonest litigations, the registration department should be particularly precautious to those dishonesties. To be specific, the dishonest behaviors can be declined by promotions on social ethics and guidelines on good faith principle. Besides, the officers should intensify investigation before registration and seek improvement both in awareness and skills. An information network of dishonest records should be established, connecting different regions and multiple levels of courts. At the same time, the legislative departments are expected to improve related laws and regulations to ensure there are laws and regulations to go by and, at the same time warn those who want to commit dishonest behaviors.