民事诉讼虚假证据治理模式的转型及展开

Transformation and Development of False Evidence Governance Mode in Civil Litigation

我国民事诉讼虚假证据数量近年来呈现出先升后降的趋势。在排除主导模式下,具有真实性疑虑的证据排除比例较高,证据定性主要依靠庭审质证与法院调查方式,法院较少对使用虚假证据行为人进行处罚。适用惩罚主导模式能够利用证明责任避免认知局限纵容违法,维护民事诉讼裁判标准的适用统一,实现民刑双重治理手段的有效衔接,促进社会民事诉讼意识的良性调整。在保证当前法院对虚假证据识别与排除力度的基础上,可考虑细化《民事诉讼法》及司法解释对使用虚假证据行为的处罚规定,明确在民事诉讼中使用虚假证据的侵权责任,适当扩大《刑法》对民事诉讼虚假证据的适用范围,强化民事程序制裁与刑事法律责任之间的衔接,实现我国民事诉讼虚假证据治理模式的转型。

The number of false evidence in China＇s civil litigation has shown a trend which rises firstly and falls later in recent years. Under the exclusion dominant mode, most of the evidence without authenticity had been excluded,the characterization of evidence mainly depends on court trials and its investigations, the courts seldom sentence those people who use false evidence to punishment usually. The application of punishment dominant mode can be applied to avoid cognitive limitations in illegal activities by using the burden of proof, and maintaining the uniform application of judgment standards in civil litigation, it can be used as measures of administration to achieve the effective convergence of dual governance between civil and criminal laws, and promote the benign adjustment of social civil litigation consciousness. Based on the recognition and exclusion of false evidence by the courts, we should consider the refining of punishment regulations of false evidence in the civil procedure law and its judicial interpretation, clear the tort liability of using false evidence in civil litigation, appropriately expand the application scope of the criminal law to punish the false evidence in civil litigation, and strengthen the connection between civil procedural sanction and criminal legal liability, so as to realize the transformation of false evidence governance mode in civil litigation in China.