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法治国家意识下,公民越来越重视对自己利益的保护,法律成为了他们维护自己合法权益的手段。同时,一些打着维护自身合法权益实质却是利用诉讼方式实现其非法目的的行为也出现了,实践中的这种虚假诉讼行为,不仅侵害了相关利害关系人的合法权益,挑战司法权威也对我国司法机关的公信力造成影响。这就不得不引起司法机关和立法机关的高度关注,我们将对民事虚假诉讼基本理论进行阐述分析,然后探讨对虚假诉讼如何来进行法律规制。
Under the awareness of the rule of law, citizens pay more and more attention to the protection of their own interests, and the law has become their means of safeguarding their legitimate rights and interests. At the same time, some acts of safeguarding their own legitimate rights and interests but using their lawsuits to realize their illegitimate purposes have also appeared. In practice, such acts of false litigation not only infringe upon the legitimate rights and interests of the relevant interested parties, but also challenge the judicial authority The credibility of our judiciary has an impact. This will have to arouse the attention of the judiciary and the legislature, we will explain the basic theory of civil lawsuits and then explore how to carry out legal regulation of the lawsuit.