On Fraud Litigation In Real Estate

In recent years,there has been a growing number of fraud litigation,where the number of cases has been growing.The real estate sector has been the high incidence of fraud litigation.The fraud litigation of real estate means that the perpetrator of fraud litigation colluding the legal relation of real estate makes up facts and files a lawsuit for felse property disputes,which intend to use judicial results to avoid certain obligations or to obtain other illegal interests.The behavior of fraud litigation in real estate not only disturbs the judicial order,undermines the judicial credibility,but also damages the national interests and public interests,and damages the normal economic order In view of the present academic research on fraud litigation in real estate is weak,the article tried to on the basis of predecessors’ research,gives a definition of concept and characteristics of fraud litigation in real estate,analyzes the case of multiple reasons,and puts forward the regulation and the measures to prevent fraud litigation in real estate,in order to provide reference for the legislation and judicial practice.The article is divided into four parts:The first part is the introduction,introducing the research background,significance,research status at home and abroad of fraud litigation in real estate.It is pointed out that the systematic research on fraud litigation of real estate has certain theoretical and practical significance in the case of high incidence of fraud litigation in leal estate and relatively weak research in China.The second part is to summarize the concept and characteristics of fraud litigation in real estate.On the basis of defining the concept of fraud litigation,the fraud litigation of real estate can be summarized as five characteristics:the main body of litigation,which often has the identity relation,or has the intermediary lead;multiple confessions during a trial;the short time of litigation,and the more settlement;the more participation of judges;great social harmfulness.The third part is the analysis of the present situation and the cause of fraud litigation in real estate.The main reason of high incidence of fraud litigation in real estate and cost and income imbalance are:on legislation layer,the limitations of mediation system,lack of authority checks and balances and imperfect third party relief system;on judicature layer,the influence of unreasonable judge assessment and the loss of tort compensation and a need for better supervision of lawyers,judges and prosecutors.The fourth part puts forward the regulation and prevention of fraud litigation in real estate.In the aspect of legislation,we should establish the screening and review system of non-controversial cases,strengthen the examination of evidence and self-recognition of the parties,and improve the third party relief system;in the aspect of justice,the conciliation statement shall be made public and evaluation system of judge’s trial management shall be improved;in terms of relevant mechanism,we should establish a punitive compensation mechanism,the linkage mechanism of public security bureau,procuratorate,courts ministry of justice and legal association,as well as strengthen the supervision of lawyers’ practice activities and judges’litigation activities.