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Research On Procuratorial Supervision Of False Litigation

Posted on:2021-12-15Degree:MasterType:Thesis
Country:ChinaCandidate:K J WangFull Text:PDF
GTID:2506306455473514Subject:Master of law
Abstract/Summary:
The emergence,proneness and frequent occurrence of false civil lawsuits not only infringe upon the legitimate rights and interests of the state,society,and third parties,but also waste judicial resources objectively and undermine judicial authority.As my country’s legal supervision agency,the procuratorial organ has gone through three stages of preliminary exploration,gradual establishment and continued development of the supervision of false litigation,which has realized the normalization and effectiveness of the inspection and supervision of false litigation in our country.The results are gratifying,but the procuratorial organs are also facing system problems and practical difficulties in carrying out this work.Promoting the effective supervision and prevention of false lawsuits by procuratorial organs is the focus of this article.Starting from its own work practice,this article considers the problems in the legislation,system,and practice of false litigation procuratorial supervision.Through comparative research methods,it compares the status quo of my country’s regulation of false litigation and the status quo outside the territory,and analyzes the influence of foreign experience on my country’s falsehood.The enlightenment of litigation procuratorial supervision.Combining the literature research method and the empirical analysis method for reference to the existing theories and practical results,this article puts forward the following points of view to improve the inspection and supervision of false litigation: First,expand thescope of supervision of civil mediation documents,which will damage the legal rights of others.The mediation statement is included in the scope of procuratorial supervision of false litigation,and the role of procuratorial organs in sanctioning false civil lawsuits is fully brought into play.Second,improve the legal system for procuratorial supervision of false litigation,including detailed investigation and verification procedures and scope of procuratorial organs,clarifying the focus of investigation and verification;scientifically defining the boundaries of civil liability and criminal liability for false litigation,and strengthening civil and criminal laws to regulate false litigation Convergence.Third,strengthen the procuratorial function and create a diversified supervision pattern,including actively broadening the source of case discovery channels,insisting on the combination of supervision during litigation and post-litigation supervision,flexibly using diversified supervision methods,and giving full play to various The comprehensive supervision effect of the supervision method;adhere to the idea of integrated procuratorial work,give full play to the overall supervision advantages of procuratorial power,and comprehensively prevent and punish false lawsuits.
Keywords/Search Tags:false litigation, legal supervision, right to investigate and verify, Diversity supervision
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