On The Perfection Of Procuratorial Supervision Of False Litigationy

In recent years,false civil litigation(hereinafter referred to as“false litigation”)and other dishonest ACTS have occurred from time to time,which not only damaged the legitimate rights and interests of outsiders in the case,the state and social public interests,but also damaged the judicial order,undermined the authority and credibility of the judiciary,and thus affected the social harmony and stability.In the field of civil litigation,the phenomenon of false litigation that conceals illegal purposes through malicious collusion has become a stubborn disease in the field of justice.Procuratorial organs are specialized legal supervision organs.They should earnestly perform their legal supervision duties,strengthen supervision over false lawsuits,and maintain judicial authority.Through case handling practice,the author puts forward some thoughts on the improvement of the prosecutorial supervision of false litigation,which is helpful to promote the in-depth and effectively prevent the spread of false litigation.Firstly,this paper expounds the definition,characteristics,causes and the definition,necessity,legitimacy and other relevant theoretical knowledge of false litigation.Then combining with specific cases,the author expounds the scope and analyzes the current situation of procuratorial supervision of false litigation.Finally,pointed out that the false lawsuit procuratorial supervision investigation to verify,the face of false litigation is difficult to find clues of the lack of effective way,procuratorial organs working strength is insufficient,lack of the power to enforce the law lead to difficult to full implementation of supervision,etc,from false litigation verification mechanism,establishing the clues found false litigation mechanism,establish the platform between strengthening procuratorial organs working ability,perfecting the legislation of false litigation penalties etc improve false lawsuit procuratorial supervision system is put forward.Through the analysis and research of our country’s procuratorial system,especially the procuratorial supervision system,this paper summarizes the legitimacy and feasibility of procuratorial supervision to curb false litigation.In addition,it points out the deficiency of the existing procuratorial supervision system in restraining false litigation.At the same time,combined with the amendment of the civil procedure law in 2012,the theory of civil procuratorial supervision is reinterpreted,the purpose of public interest litigation by the procuratorate is discussed,and the new method of curbing false litigation through prosecution asa party is discussed,and the construction of related procedures is preliminarily explored.At the same time,we should make full use of the role of media under the current network new environment,constantly strengthen the communication and coordination of the legal inspection system,and better play the role of the procuratorial supervision system in curbing false lawsuits.