Establish a mechanism and procedure to see through false litigation's case.
1. Select specific cases as "high-risk" cases in false litigation.
Because the illegal interests pursued by false litigation people often exist in specific social environment and social relations, they must take specific cases as fraud targets, and only in such cases can fraud be profitable. Therefore, by analyzing the specific period, social environment and social relations, we can predict the types of cases in false litigation.
According to the predictability of false litigation's case, we can list the "high-risk" cases in false litigation for a period of time. The author believes that at present, the following cases can be classified as "high-risk" cases:
(1) The defendant is an insolvent litigation subject, especially when his property has entered the court to execute the auction procedure.
(2) Cases in which state-owned and collective enterprises, especially restructured enterprises, are the defendants.
(3) The government plans to take the cases of separation, inheritance and sale of citizens within the demolition area as the litigation object.
(4) A period of time before filing divorce proceedings, the court ruled that the husband or wife should bear the debt in an unusually large number of divorce cases.
(5) Other suspicious cases. The identified "high-risk" cases can be publicized in the filing hall to show that the court attaches great importance to such cases. It can prevent and deter false litigation people and try to make false litigation people give up evil thoughts.
Extended data:
As a special social disease, false litigation has its specific environment and conditions. At this stage, there are the following reasons:
In civil activities, the principles of autonomy of the parties' will, autonomy of rights and passivity of civil judicial power objectively provide breeding conditions and living space for false litigation. Civil law belongs to private law, and the legal treatment of civil relations follows the principles of party autonomy and independent disposition of rights.
As long as the parties in false litigation collude with each other to fabricate facts and evidence, and the facts are clear and sufficient on the surface, and the prosecution and the defense have no objection to the facts and evidence, the court is unlikely to examine the authenticity of the evidence and the civil legal relationship between the two parties. Because of this, people in false litigation often succeed easily.
2. The lack of strict evidence system makes false litigation successful. Article 63 of the Civil Procedure Law stipulates seven formal elements of evidence, that is, the external manifestations of evidence, but does not stipulate the essential attributes of evidence. The external form is just a carrier or form, and the attributes of the content recorded on this carrier are not clearly defined by law.
3. The lack of legal regulation leads to a serious imbalance between the illegal interests or illegal purposes that false litigation people can obtain and the legal risks and costs. False litigation's illegality and reprehensibility are well known. False litigation has to bear certain legal risks. However, under the temptation of various illegal interests, false litigation people often forget the risks and choose illegal interests.
Baidu Encyclopedia-false litigation