Legal Regulation Of False Litigation

In China, this is the first time to put the false litigation into the Amendment(IX) to the Criminal Law of the People’s Republic of China, which makes the issue of false litigating become the focus of social attention once again. False litigation has a harmful effect on society, which doesn’t only infringe people’s legal rights, but also violate judicial order, damage judicial authority, even not conducive to the construction of the rule of law. Based on the analysis and summary of both academic and practice, this paper has redefined the connotation of false litigation. In this paper, the author has analyzed the complex causes of false litigation based on quoting typical judicial cases. The author thinks that obscure and deceptive factor, pattern of litigation, rule of evidence and other factors have led to troubles in process of making effective legal regulation. In this paper, the author suggests that false litigation should be seen as a special form of tort liability civil sanctions; in judicial area, the procuratorate should supervise execute procedure besides judge gives full analysis with evidence of the case. Only on the basis of the legislation and judicial co-ordination, can we realize the regulation of the false litigation in all aspects.