Research On Prevention And Governance Of False Lawsuit

Along with the advancement of the construction of rule of law in China and the practice of filing system,lawsuit has become a right remedy to solve channel commonly used by more and more people;while as a means to relief civil rights itself,lawsuit has frequently been abused by criminals to seek illegal interests in recent years,especially false lawsuit.The false lawsuit is an action in which the criminals create something out of nothing to fabricate disputes and gain their illegal interests,which not only damage judicial authority and become the cancer of the construction of China’s rule of law,but also greatly violate the fundamental spirit of litigation rights,that is to settle disputes and maintain rights and interests.This thesis attempts to begin with a real case with empirical research,summarizes and concludes the manifestation form and characteristics of false lawsuit in practice and proposes the measures for its prevention and governance in combination with their reasons,which endeavors to propose practical suggestions for timely distinguishing false lawsuit for judicial practice,curb the derivative of false lawsuit and severely punish such behavior and deter potential criminals.Apart from introduction,this thesis is composed of three parts.Part One introduces the facts of the case and controversial disputes.This part summarizes the first false lawsuit case by the Supreme People’s Court,clarifies its controversial disputes and proposes the issues worth reflections,that is,what the false lawsuit is,how to distinguish the false lawsuit and how to punish it.Part Two analyzes the disputes in the case.This part combines the real case to analyze the manifestation characteristics of false lawsuit,analyzes its causes,and elaborates the harmful results such as damage the interests of the party not involved in the case,consume the judicial resources and destroy the credibility of justice.Part Three discusses the prevention and punishment on the false lawsuit.Based on the elaborations on the false lawsuit,this part proposes the related prevention measures and its punishment,attempting to regulate and punish the false lawsuit from the perspectives of citizens,justice and regulations.