Discuss On Procuratorial Supervision Of Civil False Litigation

In recent years,more and more people regard litigation as an effective means to resolve disputes.However,the number of false civil litigation has increased,mainly manifested as "malicious collusion between both parties".Civil negligence seriously damages the judicial organs,judicial system and the principle of good faith.On this basis,the revised China Civil Procedure Law in 2012 provides for the first time how to punish false prosecution;In 2013,the Office of the Supreme Prosecutor(in accordance with the procedure)adopted the Regulation on the Control of Civil Proceedings of Prosecutors(the "Procedure Regulation"),which stipulates the control of civil proceedings by the Office of the Prosecutor.At the same time,on February 9,2021,the Office of the Supreme Prosecutor adopted the Supervision Rules of Civil Procedure of the Office of the Prosecutor(the "Supervision Rules"),which were revised in detail according to the trial version.In 2019,the Office of the Supreme Prosecutor released the fourteenth series of cases,all of which are typical false civil lawsuits.The publication of these laws and related cases shows that China attaches more importance to the supervision of prosecutors over false prosecution.However,there are still problems in the methods of investigation,investigation,evidence collection and monitoring.The introduction of the above-mentioned laws and related cases shows that China has attached more and more importance to the supervision of prosecutors over false prosecution.However,there are still problems in the investigation,investigation,evidence collection and monitoring methods.Paying attention to the meaning,type,definition,characteristics and theoretical basis of civil litigation supervision of false trial will fill the limitations of judicial supervision,the damage caused by false prosecution to the process of law enforcement,and the benefits of procuratorial organs being able to fully and thoroughly investigate cases.Subsequently,she analyzed the current situation of the supervision of civil misconduct proceedings by the procurators of the Chinese Public Prosecutor’s Office from the legal and judicial perspectives,and stressed the problems and difficulties faced by the procuratorial organs in supervising civil misconduct proceedings.The existing problems and difficulties are mainly manifested in three aspects: the difficulties in finding and determining relevant cases,some obstacles in applying the investigation control power to false procedures,the control measures are not strict enough and the control objects are not clear.With regard to the difficulties encountered in the case investigation,some problems have emerged,such as the lack of accuracy and clarity in defining the standard of false civil litigation,the difficulty in obtaining evidence in false litigation,the procuratorial organs often use post-control as the main control means,and the early supervision of the case is insufficient.At the same time,major problems have arisen in the exercise of the powers of investigation and review,such as the delay in the supervision of the Prosecutor,the lack of appropriate powers of investigation and review and the lack of detailed provisions on the exercise of the powers of investigation and review.With regard to the lack of inflexibility of monitoring means,some problems have arisen,such as the lack of inflexibility of the Prosecutor’s recommendations,the lack of liaison and cooperation mechanisms,the inability to conduct inappropriate monitoring of the process,and the ambiguity of monitoring purposes.Subsequently,the author made recommendations on three aspects: identifying clues and identifying specific cases;improving the power of investigation and review;and improving the means of control.In terms of referral and case determination,we should establish relatively stable and unified standards for determining false litigation cases,improve the source of case referral,and further clarify the trial early warning mechanism and civil false litigation supervision mechanism.In order to improve the investigation and audit system,it is recommended to establish the "preliminary investigation" system as soon as possible,give some powers to the investigation and audit power,and improve the relevant investigation and audit power system,such as legislation,to improve the rigidity of supervision,and define the scope of supervision subjects,We should first strengthen the rigidity of supervision proposed by the prosecutor,establish internal and external liaison and cooperation mechanisms to monitor false litigation,clarify the scope of supervision,and combine different measures to combat false litigation.