中国应对虚假诉讼的法律规制问题研究

Study on the Legal Regulation of China’s Response to Fraud Litigation

Fraud litigation is a type of behaviour in which some parties seek to obtain illegal benefits through litigation procedures, which has an adverse impact on the judicial order and credibility, and which is stipulated in article 307 of the Criminal Law as ‘the crime of fraud litigation’. By analyzing the concept of fraud litigation, understanding its essence and legislative development, it is found that there are still inconsistencies in the judicial characterization of false litigation in China regarding ‘tampering with the facts of the case’, and that the provisions on ‘aggravating circumstances’ in the sentencing deviate from the practice of fraud litigation. and the trial process of false lawsuit cases needs to be clarified. Based on China's national conditions, in the future, through the incomplete tampering with the facts of the case to carry out additional regulations, the ‘serious circumstances’ of the application of the standard to make adjustments, the future of fraud litigation cases to clarify the process of trial, with a view to better safeguard the legitimate rights and interests of the parties to the maintenance of a fair order of the judicial proceedings.

虚假诉讼是部分当事人通过诉讼程序谋取非法利益，对于司法秩序与公信力具有恶劣影响的一类行为，其被以“虚假诉讼罪”规定于刑法第三百零七条。通过对虚假诉讼的概念辨析、本质认识、立法发展进行梳理，本研究发现我国对于虚假诉讼还存在着对“篡改案件事实”方面司法定性的不统一、量刑中关于“情节严重”的规定偏离实践与虚假诉讼案件审理流程还需明确的问题。基于我国国情，未来可以通过对不完全篡改案件事实进行补充规制、对“情节严重”的适用标准做调整、明确未来虚假诉讼案件审理流程的方式，更好地保障当事人的合法权益，维护公正的司法诉讼秩序。