The Dilemma And Solution Of Judicial Response To Civil False Litigation In China

The problem of civil false litigation has a long history,which exists in a large number of practices.This act not only infringes on the interests of citizens,causes a waste of national judicial resources,but also causes damage to judicial authority.Therefore,it is necessary to crack down on civil false litigation.Although the legislators have obvious intention to eliminate this behavior through the improvement of the system,the number of false litigation cases still shows a trend of continuous increase in recent years,which makes us have to reflect on the difficulties encountered by judicial organs in dealing with civil false litigation and how to solve this dilemma.This article attempts from the concept and characteristics of false litigation,and judicial predicament,formation cause and the difficulty of solving the performance of the aspects,such as in combination with actual court civil trial work,under the circumstances of national governance system transformation,give full play to the discretion of the judge to carefully identify the false litigation,clear false litigation the victim relief way,improve the supervision of the procuratorial organs,as far as possible to reduce or even eliminate false civil litigation.This paper mainly discusses from the following four aspects:First,it defines the concept of civil false litigation,explores the elements and unique characteristics of the act,and introduces the regulation of this phenomenon by the existing legislation in China,so as to form an overall view of civil false litigation.False litigation can be divided into broad sense and narrow sense.This paper adopts the narrow sense and takes the malicious collusion of both parties as the constitutive elements of civil false litigation.Second,it summarizes the difficulties of judicial response to civil false litigation in China,and discusses the difficulties of the court’s active identification,the defects of the victim’s remedy and the difficulties in the supervision of procuratorial organs.In the process of civil litigation,it is the best state for the judge to take the initiative to identify the false lawsuit and then impose sanctions on it.However,in judicial practice,few cases are identified by the court in the first-instance procedure,which does not match the expectation of legislation.Although the legislation has set up the third party to withdraw the action and other relief ways for the victims of civil false litigation,in practice,there are still some problems such as imperfect relief in advance and weak relief guarantee afterwards.Procuratorial organs have natural advantages in supervising civil false litigation,but there are still problems such as limited sources of case clues and difficulty in investigation and evidence collection.Third,analyze the causes of the formation of civil false lawsuit judicial predicament,mainly from the court neutrality and proactively identify false negative lawsuit to the conflict between,the alienation of mediation system,the defects of the system of the third person relief and procuratorial supervision on false insufficient response to this,the essay discusses several aspects of litigation,the civil false action,analyzing the causes of the formation of the judicial dilemma in order to find the root causes of problems,solve the breakthrough of looking for trouble.Fourth,put forward the civil false lawsuit judicial response to the plight of cracking,first of all,from the court negative neutral position and take the initiative to recognize the inherent tension between false lawsuit to relationships,to set up dedicated false litigation in the civil procedure to review the judge,simplifying the civil and the proof standard of false litigation,establish special investigation procedure carefully identify false action.Secondly,we should further improve the standard mediation system by preventing the parties from abusing their rights and weakening the court’s pursuit of mediation rate.Thirdly,referring to the foreign experience,the author designs the litigation notification system,the civil false lawsuit fraud prevention system and the victim damage compensation system in terms of the system,and further improves the system of the third party revocation lawsuit established at present,so as to unblock the remedy way of the false lawsuit victim.Finally,we should establish a multi-party joint discovery channel for false litigation cases,strengthen the procuratorial organs’ right of investigation and verification,increase the means of investigation,and give full play to the role of procuratorial supervision,so that the judicial organs can form a joint force to prevent false litigation.