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民事诉讼法作为保护私人的重要手段,其目的在于解决民事纠纷,使当事人的诉权得以保护。然而,法律赋予的这种自由却使得一些当事人滥用诉讼权利,通过恶意串通进行自认或认诺,损害案外人的合法权益。这不仅严重浪费了司法资源,也极大地损害了司法的权威性。然而我国民事诉讼法还没有系统规定对于这些问题的规制方法。本文希望通过分析现行制度缺陷,借鉴国外立法,提出建立完善我国诈害诉讼救济制度的几点建议。
As an important means of protecting private citizens, the purpose of civil procedural law is to resolve civil disputes so that litigants’ rights of litigation can be protected. However, this freedom conferred by law has caused some parties to abuse their procedural rights and confess or promise through malicious collusion to undermine the lawful rights and interests of outsiders. This not only seriously wrecked the judicial resources, but also greatly undermined the authority of the judiciary. However, our country’s civil procedure law has not systematically stipulated the regulation method to these problems. This article hopes that by analyzing the current system defects, drawing on foreign legislation, put forward some suggestions on how to establish and improve the system of relief fraud litigation in our country.