Research On Prosecutorial Supervision Of Civil False Litigation

A civil false lawsuit refers to an abuse of the right of action by one or both parties to obtain judicial judgment or execution by means of fabricating facts,fabricating evidence materials,etc.,in order to seek improper interests or evade legal responsibility.As the last line of defense for resolving conflicts and safeguarding legitimate rights and interests,litigation plays a vital role in maintaining social harmony and stability,but there are many people who take advantage of this line of defense,it not only infringes the interests of others,the state or the society,but also disturbs the normal judicial order,reduces the judicial efficiency,wastes the limited judicial resources,and does great harm to the society.It is very urgent to strengthen the regulation of the false litigation because of its strong concealment,difficulty in verification,high harmfulness and high incidence.However,there are many problems and limitations in the ways of court supervision and private remedy to regulate civil false action.In recent years,the procuratorial organ has paid great attention to strengthen the supervision of the false lawsuit,and still faces many thorny problems and institutional difficulties.Therefore,it is necessary to carry on the thorough discussion to the practical question of the civil false lawsuit procuratorial supervision in order to instruct the practice better and regulate the civil false lawsuit behavior earnestly.In this paper,from the perspective of prosecutorial supervision,the first part describes the legal basis,the necessity of supervision and judicial practice.The second part analyzes the problems of the detection and identification,the verification,the defect of the supervision mode and the unsound mechanism of the responsibility investigation.The third part puts forward the development countermeasures.The long-term mechanism of civil false lawsuit discovery and identification is constructed by unifying the identification standard,unblocking the case source channel,extending the scope of supervision and establishing the procuratorial supervisionmechanism with the post-supervision as the main part and the preventive supervision as the subsidiary.We should perfect the procuratorial supervision and verification mechanism of civil false litigation by perfecting the guarantee mechanism of exercising the right of investigation and verification,perfecting the mechanism of personnel training,strengthening the examination of cases and establishing the linkage mechanism.By combining with the system of public interest litigation,popularizing the supervision system of intelligent civil action and establishing the mechanism of social credit evaluation,we can innovate the way of procuratorial supervision.We can improve the civil false litigation liability investigation mechanism through the establishment of a sound civil liability investigation mechanism,the extension of criminal liability investigation,the rational use of other measures.It is hoped that cracking down on false litigation will be beneficial to judicial practice and promote the rapid development of procuratorial supervision in civil false litigation.