Research On Prosecutorial Supervision Of Civil False Action

Civil false lawsuit refers to the act of the actor acting alone or in collusion with others,using forgery evidence,false statements,concealing the truth,etc.,to file a civil lawsuit,and use "legal"civil procedures to obtain illegal benefits.Civil false lawsuits by offenders,on the one hand,violate the victims’ legitimate rights and interests,on the other hand,disrupt the judicial order,damage judicial authority,and have serious social harm.In 2012,China amended the Civil Procedure Law and for the first time provided for how to punish false litigation.The "Decision of the Central Committee of the Communist Party of China on Several Important Issues Concerning the Comprehensive Promotion of Governing the Country According to Law" also clearly stated that it is necessary to increase the punishment for false litigation.Based on the legal status of the legal supervisory authority,the procuratorate’s supervision of civil false lawsuits will help to maintain legal benefits and make up for the shortcomings of the existing civil trial supervision mechanism.At the same time,it will also help the procuratorate to strengthen its legal supervision function as a whole.China’s procuratorial organs have supervised civil false lawsuits.Although they have achieved certain results,there are still some problems.For example,the Civil Procedure Law does not clearly define the concept of false lawsuits,and the formulation of the elements of false lawsuits in the civil and criminal fields is also inconsistent.As a result,the procuratorate is not sure about the determination of false lawsuits and disputes its connotation and extension.When accepting a case,the procuratorial organs have unreasonable conditions for acceptance,and at the same tim e,they lack the basis on which the procuratorial organs accept cases in accordance with their powers.The procuratorial organs’unsatisfactory results in exercising the right to investigate and verify when accepting civil false lawsuits.The supervision method of the procuratorial organs is relatively simple and lacks the rigidity it deserves.The procuratorial organs have obstacles in finding and identifying false litigation leads.It is of great significance for the procuratorial organs to supervise civil false lawsuits.China should actively respond to the problems in the prosecutorial supervision of civil false lawsuits.China should make clear provisions on the concept and establishment conditions of false litigation in the Civil Procedure Law and related judicial interpretations in order to eliminate disputes in practice.On this basis,the following measures should also be taken:First,the reasonable conditions for accepting cases and the legal basis for procuratorial organs to accept cases in accordance with their powers should be clearly defined,thereby removing obstacles to procuratorial organs’ acceptance of cases.Second,in strengthening the effectiveness of the procuratorial organs ’exercise of the power of investigation and verification,the investigation and verification procedures of the procuratorial organs should be detailed,the safeguards for investigation and verification should be improved,and the prosecutors’ investigation and verification capabilities should be enhanced.Third,the procuratorial organs should flexibly use diversified supervision methods,strengthen the supervision rigidity of procuratorial suggestions,and give full play to the comprehensive supervision effects of various supervision methods.Fourth,the discovery and screening of false litigation clues should be strengthened.In this regard,the procuratorial organs should adopt intensified "internal and external linkages"and:multi-department collaboration",establish a comprehensive review thinking,and improve the propaganda and public opinion guidance mechanism.