The identification and handling of fictitious action is a great challenge in judicial practice.Only when the basic facts are determined fictional,can a fictitious action be identified.The basic facts can only be the facts that can determine whether the plaintiff's claim is established."Fake divorce",creating jurisdiction junction,and prosecuting based on a"white contract"should not be identified as fictitious actions.In fictitious actions,the court should overrule the claims of the plaintiff rather than reject the lawsuit,fine or detain the plaintiffs,and transfer criminal leads to public security organs.From the perspective of behavioral motivations,fictitious actions can be divided into four types:fictitious right confirmation,policy arbitrage,debt evasion,and malicious infringement.Targeted measures should be taken against different types of fictitious actions.Establishing the system and mechanisms about statutory compensation,punitive damages as well as credit liability for fictitious actions is a fundamental strategy for preventing and controlling fictitious actions.
NETL
NSTL
万方数据
