Legal Regulation Of Collusive Action

With the development of social economy and the change of people’s collusive action,collusive action as a kind of use of court referee to seek illegal interests of the bad behavior began to spread in China.Civil litigation parties collusion with each other,through the falsification of evidence,create collusive legal relations,facts,civil proceedings,in order to obtain illegal interests for the purpose of deceiving the court to make a mandatory enforcement of the legal instruments.At present,the fictitious litigation cases occur frequently in the field of civil litigation in our country.Repeated and even intensified,the collusive actions abuse their litigation rights to seek illegal interests and infringe upon the lawful rights and interests of others.This behavior runs counter to the principle of honesty and credit,seriously undermining the judicial order,of the judicial resources caused by a great waste;contrary to the impartiality of justice,damage to the credibility of the judiciary;at the same time deepen the social contradictions,contrary to the current goal of building a harmonious society.As the collusive action has become a large number of civil litigation,so the legal theory and practice for the collusive action has a certain research and understanding.However,there are some problems in the current legal provisions and the current situation of our judicial situation,which is not enough to curb the occurrence of collusive actions.This paper intends to study the collusive action,elaborate the related concepts of collusive actions,including the meaning and characteristics of collusive actions,and make a certain distinction between the collusive action and malicious litigation,litigation fraud and abuse of litigation,To discuss the causes of collusive actions,aimed at promoting the improvement of fake lawsuit measures.This part is divided into four parts:The first part summarizes the collusive action,including the definition of collusive action,the characteristics of collusive action and the analysis of collusive action and related concepts.This part mainly aims at clarifying the connotation and manifestation of collusive action,to explore the provisions of collusive action,you can seize the characteristics of the need to accurately identify the need to improve the local and improved methods.The second part introduces the regulation of civil fake action in foreign countries,introduces the provisions of civil law countries and Anglo-American law countries,and the civil law countries focus on the procedural regulation of collusive civil action and through procedural construction And the substantive law of the law is supplemented by the United States and the United States and the United States law system of civil action in accordance with the provisions of the civil law and procedural law,the civil proceedings,the "due process theory" to contain the false Action,the substantive law level,the frequent occurrence of false action in the field of legislation alone,focusing on areas of focus on remediation.The third part introduces the current situation and problems of civil fictitious action in our country,expounds the existing legal provisions and the documents issued by the court to show the status quo of our country.However,there are still legislative and judicial deficiencies in the regulation of collusive action in China.There are some shortcomings in the rules of evidence,mediation system,legal sanctions and legal remedies in the legislation,the existing judicial action mode,the judge management system and the supervision mechanism.Therefore,it is necessary to find out that the legislation and the judicial of the loopholes.The fourth part is the shortcomings of the third part of the existence of the laws and regulations and the system to improve the building.This article argues that the current law provides for the lack of containment of collusive action,should improve the legislative provisions:to strengthen the review of evidence,the correct treatment of mediation and standardize the mediation system,supplement and improve the details of civil sanctions and criminal sanctions,Human tort damages system.In addition,the problems in the operation of the judicial operation also condone the occurrence of collusive action,so to reform the judiciary:the correct treatment of our country tend to party litigation model,carry forward the advantages at the same time eliminate its drawbacks,and the current judge management and assessment system To carry out the reform,the implementation of the trial staff independent of the establishment of administrative staff,the abolition of the closing rate,the rate of assessment of judges to assess the work of the judges,and to improve the supervision mechanism,the establishment of outsiders to report the specific way to strengthen the cooperation of relevant units.Therefore,the state should try to improve the legal provisions of the collusive action regulation,improve the criminal law and civil law in the sanctions,try to establish a collusive action tort law on the rules,the reform of the law,The existing problems in the administration of justice,to curb the spread of collusive action.