False litigation is a legal term, which means fighting against false litigation. It means that the parties use the litigation rights granted by the law to file civil lawsuits by false litigation subjects, facts and evidence for illegal motives and purposes. Acts that cause the court to make wrong judgments, rulings, or mediations. Similar to "malicious litigation".
Characteristics of false litigation: False litigation often has a special relationship between the parties, a tacit understanding of the behavior of the parties, cases are often settled through mediation, occur mostly in economically developed areas, and involve large amounts.
First, the particularity of the relationship between the parties. The parties involved in false litigation cases generally have special relationships such as relatives and friends. The reason is that it is low cost, easy to operate and easy to succeed by asking relatives or friends to make false claims.
Second, the parties involved have a tacit understanding of cooperation, making investigation and prosecution difficult. In false litigation cases, in order to avoid exposing flaws, the parties' attendance rate in court is low, and most parties entrust litigation agents to participate in the litigation alone, which creates obstacles for the court to ascertain the facts of the case; even if they participate in the litigation, they will not engage in substantive defense and confrontation. , or make a fake argument, and most of them are "self-confessed"; some parties also provide conveniences to the other party, such as hiring lawyers on their behalf, paying litigation fees, etc., in order to speed up the litigation process and defraud the court judgment documents as soon as possible.
Third, it is relatively common for cases to be settled through mediation. Judging from the false litigation cases investigated and dealt with in Zhejiang Province, the vast majority were settled through mediation.
Fourth, false litigation cases occur frequently in areas with developed private economies, and the amounts are relatively large. In areas with relatively developed private economies, such as Taizhou, Wenzhou and Jinhua in Zhejiang, the number of cases is relatively high.
Fifth, the types of cases are relatively concentrated. The following types of cases are prone to false litigation: private lending cases; property dispute cases in which one party in a divorce case is the defendant; property dispute cases in which insolvent enterprises, other organizations, and natural persons are the defendants; state-owned and collective enterprises undergoing restructuring are Property dispute cases involving defendants; cases involving property division, inheritance, and house sales contract disputes involving natural persons within the scope of demolition and relocation zoning as the subject of litigation; cases involving the recognition of well-known trademarks.