民事非诉执行中虚假诉讼的检察监督研究

Procuratorial supervision of false litigation in civil non-litigation execution

仲裁及公证等非诉行为相比民事诉讼行为具有高效率、低成本、低对抗、不公开、一次性终结等优势,充分体现了市场主体的意思自治。但非诉程序本身对于虚假诉讼行为抵御能力有限,司法审查对虚假诉讼监督存在盲区,案外人利益受损后缺乏救济渠道,检察监督作用不能充分发挥。司法实践中,存在着民事非诉执行中虚假诉讼案件线索少、监督不及时、调查核实和改进纠错难等问题。为加大对民事非诉执行中虚假诉讼的检察监督力度,应改变司法审查一元体制,建立“1+N+1”多元体制,拓宽案外人申请和依职权受理范围,坚持程序与实体审查并重,构建对内对外横向纵向协作机制,合力做好虚假诉讼惩治和防范工作。

Compared with civil litigation, non-litigation acts such as arbitration and notarization have the advantages of high efficiency, low cost, low confrontation, non-disclosure and one-time termination, which fully reflects the autonomy of market entities.However, the non-litigation procedure itself has limited ability to resist false litigation, judicial review has a blind spot in the supervision of false litigation, there is no relief channel after the interests of outsiders are damaged, and the role of procuratorial supervision cannot be fully exerted.In judicial practice, there are problems such as few clues of false litigation cases in civil non-litigation enforcement, untimely supervision, and difficulty in investigation, verification, improvement and correction.In order to intensify the procuratorial supervision of false litigation in civil non-litigation enforcement, the one-dimensional system of judicial review should be changed, the “1+N+1” multi-system should be established, the scope of applications by outsiders and the scope of acceptance of ex officio cases should be broadened, and both procedural and substantive review should be emphasized, to build an internal and external horizontal and vertical cooperation mechanism, and work together to do a good job in punishing and preventing false lawsuits.