On The Perfection Of Legal Regulations Of False Civil Litigation

Since the beginning of the revision of the Civil procedure Law in 2012,the principle of good faith,the third party’s action of revocation the lawsuit system have been established,and stipulated the legal consequence of the lawsuit infringement.In 2015,the Criminal Law Amendment(9)established the charge of "the crime of false litigation".The above regulations are mainly aimed at the remedies for the injured parties in false litigation and the sanctions for the implementation of false actions.But even with the introduction of these two new laws and other related provisions,false litigation is still widespread.The main system of dealing with false Litigation at present: the third party revokes the suit,and its application is normal the circumference is relatively narrow,and the situation of abuse exists in practice.The narrow range of relief and the blind maintenance of judicial authority by the judicial organs in the absence of res judicata system all hinder the perfection of the construction of the regulation of false litigation system and lead to the plight of false litigation relief.Therefore,it is urgent to actively prevent false litigation in advance and to construct a reasonable system,both in the practice of civil law and in the field of science.The author believes that it is necessary and feasible to conduct strict prior examination of the litigation acts under the specific circumstances summarized in the civil judicial work,which should be of positive significance to curb the false litigation.In addition,the construction of the system to deal with the false litigation should be coordinated with the relevant provisions of the civil effective adjudication mode in the Real right Law and the rules of evidence concerning the scope of the pre-determined facts.By combining the omnibus clause and enumeration,the author further clarifies the scope of application of the action of revocation by the third party,prevents the abuse of the action of the revocation of the third party,and leaves room for the rapid development of the comprehensive improvement of the regulation of the false litigation system.Set up both only by resolving the legal causes of this false litigation can the system of judgment fundamentally curb the false litigation.