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随着社会经济的发展,社会诚信普遍下降,公民采取各种手段对民事诉讼进行不正当利用的现象层出不穷,其突出表现为民事虚假诉讼。虚假诉讼行为人为了达到获取非法利益或者损害他人合法权益等目的而利用法律赋予的诉权提起或参与诉讼,试图通过虚构事实、伪造证据等手段来骗取法院的裁判文书。虚假诉讼案件一般多为财产纠纷,尤其是在民间借贷案件中,具有目的隐蔽性、行为违法性、缺乏对抗性、社会危害性等特征。社会诚信的缺失、法官管理制度不合理、证据规则的形式化、调解制度的适用偏差、惩戒力度不足等原因的共同影响下,虚假诉讼不断出现在我们的生活中,且日益猖獗。本文试图通过从构建信用体系、建立联合机制等手段,遏制虚假诉讼的发生,促进司法信用体系的提升,最终构建一个诚实信用的和谐社会。
With the development of society and economy, the social credit generally dropped. Citizens took various measures to unfairly use civil litigation in an endless stream, which acted prominently as civil false litigation. In order to obtain illegitimate interests or damage the legitimate rights and interests of others, a spurious litigant uses lawsuits to sue or participate in litigation, attempting to defraud court judgments through fictitious facts and falsifying evidence. False litigation cases are mostly property disputes, especially in the case of private lending, with the purpose of concealment, behavior illegality, lack of confrontation, social harmfulness and other characteristics. Under the common influence of the lack of social integrity, the unreasonable management system of judges, the formalization of rules of evidence, the application of the mediation system and the lack of disciplinary efforts, false litigation continues to emerge in our lives and become increasingly rampant. This article attempts to curb the occurrence of false litigation, promote the improvement of the judicial credit system and finally build a harmonious society of honesty and credit by means of establishing a credit system and establishing a joint mechanism.