防范和惩治虚假诉讼机制研究——以民间借贷纠纷领域为视角

On the mechanism of preventing and punishing false litigation——From the perspective of private lending disputes

2019年,最高检决定在全国检察机关深入开展历时两年的虚假诉讼领域全方位、深层次违法行为监督专项整治行动,要求各级检察机关加大对虚假诉讼监督力度,重点审查民间借贷纠纷等易发领域案件,依法办理一批虚假诉讼监督案件,督促法院及时纠正确有错误判决、裁定、调解书,维护当事人合法权益。论文以民间借贷纠纷领域虚假诉讼为视角,并结合检察机关成功办理典型案例,就民间借贷虚假诉讼的概念、认定标准、成因等进行分析,并提出如何防范和惩治虚假诉讼相关建议和对策,以资读者参考借鉴。

In 2019,the Supreme people’s Procuratorate decided to carry out a two-year special activity in the procuratorial organs of the whole country to supervise deep-seated illegal acts in the field of false litigation,and requested procuratorial organs at all levels to step up their supervision over false litigation,focus on examining cases in vulnerable areas such as private loan disputes,handle a number of cases of supervision of false litigation according to law,urge the courts to correct in a timely manner the existence of false judgments,rulings and mediation letters,and safeguard the legitimate rights and interests of the parties concerned.This requires procuratorial organs to step up the supervision of false litigation in the field of private lending,gradually build a long-term mechanism for the discovery,prevention and punishment of false litigation,ensure that“the law can’t give in to law”,so that those who bring false litigation get due legal punishment,so as to improve the quality of procuratorial supervision and highlight the effect of procuratorial supervision.This article takes the folk loan dispute domain false lawsuit as the angle of view,and unifies the procuratorial organ successfully handles the typical case,regarding the folk loan false lawsuit concept,the confirmation standard,Causes and so on,and put forward how to prevent and punish false litigation related suggestions and countermeasures.