对诉讼欺诈行为的辨析

To lawsuit fraudulent practice discrimination

诉讼欺诈，是指行为人以提起民事诉讼为手段，以虚假伪造的证据使法院作出错误判决，并利用该判决骗取财产或者免除自己的债务，情节严重的行为。当前，随着社会经济生活的日趋复杂和多样化以厦公众法律意识的增强，民事经济诉讼呈明显上升趋势，诉讼内容和形式亦日趋复杂化、多样化，随之产生的诉讼欺诈现象也日益严重，其危害不能低估，本文就诉讼欺诈的基本概念、特点、法律特征、主要情形等方面作一介绍，对此行为的认定作了比较性的分析，最后，从道德、民事、刑事三个层面对诉讼欺诈行为的责任后果作了论述。试图从这些方面的论述来更为清晰地辨析诉讼欺诈行为。

The lawsuit cheat,is refers to the author take to file the civil action as the method,causes the court by the false forge evidence to make the wrong decision, and swindles the property using this decision or avoids own debt, the circumstance serious behavior. Presently,along with social economy life day by day complex and diverse as well as public law consciousness enhancement, the civil economical lawsuit assumes the obvious trend of escalation, the lawsuit content and the form also day by day complication, the diversification, has the lawsuit cheat phenomenon along with it day by day to be also serious,its harm cannot underestimate, this article on lawsuit aspects and so on cheat basic concept,characteristic,legal characteristic,main situation makes an introduction,regarding this the behavior recognized has made the relativity analysis, finally, from the morals, civil, the criminal three stratification planes has made the elaboration to the lawsuit fraudulent practice responsibility consequence. Attempts to discriminate the lawsuit fraudulent practice clearly from these aspect elaboration.