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The Expound On Improvement Of False Litigation In Procuratorial Organs

Posted on:2018-05-06Degree:MasterType:Thesis
Country:ChinaCandidate:P WangFull Text:PDF
GTID:2346330542459245Subject:Law
Abstract/Summary:PDF Full Text Request
False litigation refers to the malicious collusion of patial subject of legal relation,which causative the court make error sentence,leads to the interests of our country,society and third party suffer great damage,through illegal means such as withholding the truth,misrepresentation and fabricating the facts.In recent years,with the increasing trends of false litigation,the judicial procedure has been destroyed and judicial public faith force has been decreased.As the legal supervision organ,which is defined by constitution,the people's procuratorate has the duties to investigate the false litigation.However,there exits various problems in practice.For example,it is difficult to initiate a procedure to investigate and it is lack of supervision on the interests of the third party.And revocatory lawsuit of the third party in the actual case is "the decoration".What's more,the problem of the limit means of investigation,unconnected civil and criminal supervision methods still need to be resolved.Therefor,to make the people's procuratorate play positive role in investigation of the false litigation,we should incorporate the third party into the scope of supervision to initiate the procedure,further improve the verification mechanism of the third party's revocatory lawsuit and the evidence of false litigation,and make the connection between the civil trial supervision and criminal prosecution.Only in this way can we effectively curb the spread of false litigation through the inspection mechanism of the people's procuratorate.
Keywords/Search Tags:The People's Procuratorate, False litigation, Mechanism, Improve
PDF Full Text Request
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