Identification And Regulation Of False Litigation Violations

In recent years,false litigation has occurred frequently and intensified trend in the field of civil and commercial dispute resolution,which has caused serious social harm.In the face of rampant false litigation,it is urgent to explore and implement effective measures to strengthen the prevention and sanctions of false litigation violations.Although China has initially established a system of integrated management of false litigation with multiple measures,the feedback in judicial practice has not achieved the expected effect.Due to the insufficient supply of legal norms,the lack of in-depth theoretical research and the lack of judicial practice experience,it is difficult to accurately identify the false litigation violations.Therefore,how to identify false litigation violations more efficiently and take effective measures to regulate false litigation violations still needs our constant exploration.The article mainly includes the following three parts:The first part is about the empirical study of false litigation.By using the method of case analysis,this chapter sorts out the number and types of false litigation cases in judicial practice,and gives a general description of the current judicial situation.False litigation cases mainly focus on private lending,divorce,property payment,compensation for traffic accidents,labor disputes,company division or merger,bankruptcy of enterprise legal person,real estate and vehicle license transfer under the restrictive trade policy and other types of cases.Then,by reading the judgement documents issued by the court,this article summarizes the typical characteristics of false litigation violations.For example,there is a special relationship between the parties of false litigation.Most false litigation cases are concluded by summary procedure and settled through mediation.The evidence chain of the case is usually incomplete and the parties often choose to admit themselves.Part two: identification difficulty and identification standard of false litigation violations.According to the different provisions of the civil procedure law on the legal liability of false litigation,false litigation can be subdivided into false litigation violations and suspected false litigation crimes.Among them,false litigation violations refer to the obstruction of civil litigation and the behavior suspected of false litigation crime refers to the behavior related to criminal crimes such as false litigation crime,fraud crime and contract fraud crime.The research object of the article is the illegal behavior of false litigation stipulated in the civil procedure law,excluding the behavior of suspected false litigation crime.And then by referring to the general understanding of the constitution of the legal act of hindering the civil action,the article summarizes the constitutive elements of the illegal behavior of false litigation,and distinguishes it from the criminal act of false action stipulated by the criminal law.Part three: the measures to regulate the illegal behavior of false litigation in our country and its operation status and problems.This chapter first introduces the current civil litigation measures used to regulate the illegal behavior of false litigation.The court can take pre-emptive measures to prevent the occurrence of false litigation violations,such as issuing litigation risk reminders,posting warning signs,and publishing typical cases of sanctions against false litigation.The court may take such intermediate measures as third party participation in litigation,joint litigation and counterclaim to improve the recognition probability in litigation.The court shall dismiss the claim and impose compulsory measures to hinder the civil proceedings for the illegal act of false litigation which has been successfully identified in the civil proceedings,and shall transfer the clues and evidence of the crime of false litigation to the relevant authorities.The ex post facto measures that taken by the court are mainly to encourage and guarantee the outsider to bring the third party cancellation lawsuit,retrial procedure,bring the execution objection and execution objection lawsuit and other civil litigation procedures to achieve the purpose of obtaining relief.Through reading the judgment documents,it can be found that there are some problems in the operation of the regulation measures for false litigation violations in judicial practice.First,the court sanctions false litigation violations found in the process of litigation,mostly by rejecting claims and less by using fines and detention.In the course of the proceedings,the courts can only impose relatively few sanctions,and the penalties of fines and detentions are relatively mild,which makes it difficult to form an effective deterrent.Second,the retrial procedure has become the main way to correct the false litigation violations.In practice,the application of the third party's revocation action is very limited due to its strict requirements on the starting conditions,the plaintiff's qualification,and the standard of proof.Third,although civil procuratorial supervision has played a key role in the identification and regulation of false litigation violations,there are still some problems that cannot be ignored,such as the difficulty in finding clues of false litigation cases,the difficulty in investigation and evidence collection,and the inconsistency of identification standards.Part four: the countermeasures and suggestions to strengthen and perfect the regulation measures of false litigation violations.This chapter involves three aspects: the first is to strengthen and perfect the relief of the civil procedure of false litigation.According to the problems existing in the operation of the regulation measures of false litigation violations revealed in judicial practice,the court should establish and perfect the pre-litigation warning mechanism of false litigation violations,such as issuing litigation risk reminders,Posting warning and publicity signs,and publishing typical cases of sanctions against false litigation to prevent the occurrence of illegal activities of false litigation.For the compulsory measures of obstruction of civil action,the court should increase the application frequency,strengthen the application range,reform the application procedure and enhance the deterrent effect.In order to improve the role of the third party revocation action in regulating the violation of the false litigation,we should try our best to ensure that the victims of the false litigation have the plaintiff qualification to bring the third party revocation action,and relax the starting conditions and the standards of proof for the third party revocation action.Finally,the system of compensation for infringement of false litigation shall be established.An outsider who has suffered actual economic losses due to the illegal act of false litigation shall have the right to file a claim for compensation for infringement of infringement.The second is to improve the civil procuratorial supervision mechanism of false litigation.In order to solve the problem of case clues,it is recommended that the procuratorial organs set up false clues discovery mechanisms,including establishing multidirectional transferred to false case clues of linkage mechanism,guaranteeing an outsider can apply for procuratorial supervision smoothly,establishing the mechanism of case clues screening in the field of frequent occurrence of false lawsuits,and strengthening the publicity of the procuratorial and supervisory functions of the people's bank of China.In view of the difficulty in investigation and obtaining evidence,it is suggested that procuratorial organs standardize the investigation and verification mechanism of false litigation,including strengthening the cooperation obligation of relevant units and individuals,making full use of existing investigation and verification means,and taking the appointment of judges as an investigation and verification measure.In view of the difficulty of liability investigation of relevant personnel,different methods of liability investigation shall be adopted for the parties,judicial personnel,lawyers,appraisal agencies and appraisers involved in the false litigation according to the existing law and the seriousness of the case,so as to implement the mechanism of liability investigation of false litigation.The last suggestion is to establish and improve the false litigation comprehensive management system.The governance of the phenomenon of false litigation should adhere to the guiding ideology of building a comprehensive governance system,adhere to the system governance,governance according to law,comprehensive governance,source governance,not only to strengthen the implementation of existing norms to provide conditions and measures,but also to constantly explore the establishment of new methods.