论民事虚假诉讼的体系化规制

On the Systematic Regulation of Civil False Lawsuits

当前,我国民事虚假诉讼的规制实践呈现出事前当事人自我责任意识薄弱、事中法院规制资源有限、事后检察监督具有随机性和诱发性等问题,规制效能较低。针对这一本土性难题,应摒弃单边强化公权力主体事中规制和片面强调私权利主体事前规制的一维模式,以开放系统的视野重构民事虚假诉讼规制的总体布局,使规制主体从一元向多元转变、规制时间从一段向全段转变、规制方式从追惩向劝惩转变。立足当前时空境遇,在规制民事虚假诉讼的过程中应坚持防治结合,构建事前预防、事中监控、事后监督的三阶规制体系,激发当事人内省活力、凝聚法检司法合力、强化检察机关事后监督,由此夯实民事虚假诉讼规制有效性的基础,切实提升规制效能。

At present, the regulation practice of civil false litigation in China presents some problems, such as the weak sense of self responsibility of the parties in advance, the limited regulation resources of the court in the event, the randomness and inducement of the procuratorial supervision after the event, and the regulation efficiency is low. In view of this local problem, we should abandon the one-dimensional model of unilaterally strengthening the regulation of public power subjects in the process and unilaterally emphasizing the regulation of private rights subjects in advance, and reconstruct the overall layout of the regulation of civil false litigation from an open system perspective. Make the regulation subject change from monism to pluralism, the regulation time change from one period to the whole period, and the regulation mode change from pursuing punishment to persuading punishment. Based on the current time and space situation, the realistic approach of regulating civil false litigation should adhere to the combination of prevention and control, and build a three-level regulation system ofprevention, in-process monitoring and post supervision. Stimulate the introspective vitality of the parties, condense the joint force of law, prosecution and justice, and strengthen the post supervision of the procuratorial organs, so as to consolidate the basic point of the effectiveness of the regulation of civil false litigation and effectively improve the regulation efficiency.