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Research On Procuratorial Supervision Of Civil False Litigation

Posted on:2022-12-21Degree:MasterType:Thesis
Country:ChinaCandidate:Y L PengFull Text:PDF
GTID:2506306782489014Subject:Litigation Law and Judiciary
Abstract/Summary:PDF Full Text Request
As time passes,With the rapid development of the economy,the legal awareness of the Chinese people has been continuously improved.For civil disputes encountered in life,people also tend to sue in the people’s court to protect their legitimate rights and interests by means of litigation.At present,handling disputes through litigation has become one of the main ways for people to handle civil disputes and protect their own interests.But at the same time,in order to achieve various purposes,some units and individuals deliberately fabricated facts to file civil lawsuits in people’s courts,trying to achieve illegal purposes through legal means.The social impact of this phenomenon of false civil litigation is very bad,not only seriously disrupting the normal order of civil litigation,but also infringing upon the legitimate rights and interests of the state,society and others,and we must try our best to eradicate it.The procuratorial organ is the most important legal supervision organ in our country,and its main task is to maintain judicial order and ensure that public interests are not damaged.Therefore,the procuratorial organs have the right to exercise legal supervision over civil litigation and civil enforcement activities,and it is also their duty to attach great importance to the rectification of civil false litigation.This paper discusses the following four aspects:Firstly,it specifically analyzes the meaning and characteristics of civil false litigation and civil false litigation procuratorial supervision,discusses the current status of civil false litigation procuratorial supervision in my country,and then draws out the importance of procuratorial organs’ involvement in false litigation regulation.Secondly,the necessity of procuratorial supervision of civil false litigation in my country is analyzed from the perspective of the difficulty of victims applying for civil false litigation relief and the serious defects in the court’s regulation of false litigation;from the fact that the procuratorial organs have the supervision power of civil false litigation and the procuratorial organs have supervision advantages This paper analyzes the legitimacy of procuratorial supervision of civil false litigation in my country.Thirdly,this paper analyzes the current problems encountered by the procuratorial supervision of civil false litigation in my country from four aspects: the system defects of case discovery and identification,the limitations of verifying civil false litigation,the single method of procuratorial supervision of civil false litigation,and the insufficiency of the accountability mechanism for civil false litigation.some problems.Finally,it puts forward specific suggestions to strengthen the procuratorial supervision of civil false lawsuits,comprehensively and effectively combat and prevent civil false lawsuits.First,build a long-term mechanism for the discovery and identification of civil false lawsuits;second,establish and improve the verification mechanism for procuratorial supervision of civil false lawsuits;third,innovate the way of procuratorial supervision;fourth,improve the accountability mechanism for civil false lawsuits.
Keywords/Search Tags:civil false lawsuit, ludicium bonae fidel, Procuratorial Supervision, judicial autho
PDF Full Text Request
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