Research On Procuratorial Supervision Of False Litigation

Summary In the process of building a modern country ruled by law with socialism with Chinese characteristics,litigation is regarded by more and more people as an effective way to deal with disputes and resolve disputes,but false litigation has become more and more rising in recent years,which has disturbed the normal judicial order of the country,damaged the judicial credibility,and become a great harm in civil litigation in China.The state has already regulated the false litigation through the relevant legislation,but the imperfection and lack of the system in the practice of the court determines the limitation of preventing the false litigation only from the angle of the court.The procuratorial organ is the special legal supervision organ of the country,the false lawsuit procuratorial supervision becomes the procuratorial organ must perform the duty,becomes the last relief means to protect the victim.Starting from the practice of procuratorial supervision,this paper puts forward the problems existing in the procuratorial supervision of false litigation through the research status of false litigation supervision at home and abroad,leads to the inevitability and legitimacy of false litigation procuratorial supervision,and puts forward some suggestions on the reform and improvement of false litigation procuratorial supervision.This paper is divided into four parts:The first part is the basic content of false litigation procuratorial supervision.This part compares the concept of "false litigation" in practice and academic circles,and obtains the author's induction according to the relevant views and legal provisions;and analyzes the causes of false litigation to provide direction for procuratorial supervision;understanding the means and measures of falselitigation procuratorial supervision is the basis of its research.The second part is the realistic basis of procuratorial supervision of false litigation in China.In the case of increasingly diversified and complicated false litigation,the measures applied by the court are no longer enough to contain the occurrence of false litigation,so procuratorial supervision has become a better choice.Because the false lawsuit has strong harmfulness in practice and the court has the limitation in restraining the false lawsuit and the advantage of the procuratorial organ reflects the necessity of procuratorial supervision;moreover,the supervision power and application of the procuratorial organ is given by the constitution and the civil procedure law,and its exercise purpose and significance legitimateThe third part is the problems in the supervision of false litigation.The problems in the process of procuratorial supervision of false litigation include legislative and judicial practice.At the legislative level,there are mainly problems such as lack of systematic legal regulation system,unclear scope of supervision,and no system of tort liability;in judicial practice,the main manifestations are lag in the time of supervision,difficulty in finding false clues,imperfect procedures for self-rescue of victims,limited means of investigation and punishment,lack of linkage mechanism to curb false litigation,lack of deterrent effect of investigation and punishment,too limited scope of supervision of mediation documents,lack of accountability of relevant personnel,lack of professional ability of supervisors,etc.The fourth part is the perfection of procuratorial supervision of false litigation.This part improves the legislative regulation on procuratorial supervision by proposing to stipulate the liability for damages of false litigation acts from the angle of tort liability law,establishing a third party to participate in litigation mechanism;in judicial practice,establishing linkage mechanism for discovering false litigation clues,perfecting the verification mechanism of false litigation,enriching the supervision means of procuratorial organs,strengthening the mechanism of investigation of false litigation responsibility,strengthening the specialization of procuratorial supervision,perfecting procuratorial supervision of false litigation in combination with public interest litigation prevention of false litigation,and severely cracking down on all kinds of false litigation activities.