ON THE IMPROVEMENT OF THE CIVIL PROCEDURE LAW IN THE CIVIL-CRIMINAL OVERLAPPING SANCTION MODE OF FALSE ACCUSATION

作     者：Peng Shizhong Wen Jianjun 彭世忠;温建军

作者机构：Southwestern University of Finance and Economics School of Law 

出 版 物：《China Legal Science》 (中国法学（英文版）)

年 卷 期：2020年第8卷第4期

页      面：74-93页

学科分类：0301[法学-法学] 03[法学] 030106[法学-诉讼法学] 

主　　题：虚假诉讼 民诉法 规范冲突 民事诉讼法 检察机关 调查核实权 民刑交叉 交叉模式 

摘      要：Since the Civil Procedure Law and the Criminal Law have made norms against the false accusation,the corresponding judicial interpretations have been issued accordingly,forming a cross-sanction mode containing the monist law,the backing law,the civil procedure law and the criminal substantive ***,owing to conflicts among norms in different fields of law as well as the conceptual controversy of false accusation,the current overlapping mode exposes a serious norm mismatch,thus arousing a domino effect in *** from the moderate illegal monism view of law,the adjustment scope of the false accusation is apparently narrow in the current Civil Procedure Law,but rather large in the Criminal ***,immediate adjustments should be made to ease norm conflicts between the Civil Procedure Law and the Criminal Law,and to improve the relevant provisions of the concept of false accusation and its components in the Civil Procedure *** addition,only relying on the court to supervise the false accusation is outdated,it is necessary to set up a supervision mode that equally emphasizes the adjudication and prosecution,whose core is that the Civil Procedure Law strengthens investigation and verification of powers of prosecuting authorities.