诉讼调解中恶意串通行为的法律规制

The Laws and Regulations of Malicious Collaboration in Litigation Mediation

诉讼调解虽然具有程序简便,高效解决民事纠纷的程序价值,但因缺乏充分监督和制约的程序,易于被不诚信当事人用以牟取非法利益。诉讼调解中原、被告恶意串通损害案外人权利行为,实质上属诉讼欺诈侵权行为,既损害了案外人权益,也损害了司法权威。强化司法审判职权,完善诉讼调解程序监督机制,从程序法、实体法上对恶意调解串通行为进行法律规制。

Litigation mediation has the procedural value of simple procedure and effective civil dispute resolution, but it is lacking of sufficient supervision and restriction and tends to made illegal benefit by dishonest parties. In litigation mediation, the act that the plaintiff and defendant maliciously collaborate to damage the right of third person is a tricky tort, and it damages not only the right and benefit of third person, but also judiciary, authority. Strengthening judiciary trial and perfecting supervision system of litigation mediation procedure is to regulate the malicious collaboration from procedural law and substantial law.