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民事调解本意在于通过当事人之间的互谅协商,确定彼此权利义务的一种友好解决民事争议和纠纷的方式。但近年来,利用调解的形式,骗取司法裁决,获取不正当利益的虚假调解案件日益泛滥,极大亵渎了司法的尊严,侵害了他人的合法权益。2013年新民事诉讼法明确了诚实信用原则,规定了虚假诉讼侵权将受到法律严惩,设立了第三人撤销之诉,对虚假调解案件的惩治迈出了重要步伐。但民事虚假调解案件的有力规制,还需要多角度出发、全方位防范、多渠道惩治。
The intention of civil mediation is to find a friendly solution to civil disputes and disputes through mutual understanding and consultation between the parties to determine their rights and obligations. However, in recent years, the use of conciliation forms to deceive the judicial decisions and obtain improper benefits of false conciliation increasingly widespread, greatly desecrated the dignity of the judiciary, infringed upon the legitimate rights and interests of others. In 2013, the new Civil Procedure Law made clear the principle of good faith and stipulated that the infringement of false litigation would be severely punished by law and that a third party revoked the indictment and made important strides in the punishment of false mediation cases. However, the effective regulation of cases of false conciliation in civil matters still requires a multi-angle approach, prevention in all directions and punishments in multiple channels.