Research On The Legal Regulation Of False Civil Litigation

In recent years,citizens’ awareness of the rule of law is increasing,and they tend to solve disputes through litigation.The registration system of cases also brings convenience for citizens to defend their rights.In this context,some illegal actors breed illegal desire,maliciously collude to file false civil litigation,and infringe on the legitimate rights and interests of outsiders.In this regard,the law must be regulated,which is not only conducive to the protection of the interests of outsiders,but also to maintain judicial authority and save judicial resources.Law is lagging behind.With the development of society,it will show disconnection from society,which should be gradually improved according to the specific situation in practice.Combined with the new characteristics of false civil litigation,taking the civil provisions on regulating false civil litigation in the current law as the starting point,according to the actual situation,analyze the problems existing in the legal provisions and improve them,and establish the legal system and mechanism to regulate false civil litigation.On the legal regulation of false civil litigation,firstly,it analyzes the provisions on the constituent elements of false civil litigation in civil law and criminal law to determine the research scope,and mainly studies the legal regulation of false civil litigation in the field of malicious collusion between the two parties in civil litigation.Secondly,the process of legal regulation of false civil litigation is divided into three stages: pre prevention,post relief and court review,analyzing the relevant legislative provisions,and reflecting on the shortcomings of civil legal regulation of false civil litigation in our country.Thirdly,it compares and discusses the legislative provisions regulating false civil litigation in foreign countries.In civil law countries,it focuses on the third-party cancellation litigation in France,the principle of good faith and the principle of prohibition of abuse of rights in Germany;in common law countries,it focuses on the pre warning mechanism in the United States and the post relief mechanism in the United Kingdom,so as to learn from useful experience.Finally,it puts forward legal suggestions on the existing problems,including establishing a pre prevention mechanism to regulate false civil litigation by clarifying the commitment punishment model and establishing a notification mechanism for outsiders;improving the post relief mechanism to regulate false civil litigation by relaxing the scope of qualified plaintiffs and confirming the tort liability of false civil litigation;strengthening the judicial review during the trial to regulate false civil litigation by strictly limiting the application of self-identification and standardizing the civil mediation system.