诉讼风险,是指当事人在诉讼活动中可能遇到的一些争议事实以外的因素,影响案件审理和执行,致使其合法权益无法实现的风险。诉讼风险不包括争议事实本身的影响,也不包括当事人法律意识和不正之风的影响。诉讼风险作为一个崭新话题,其产生主要有以下几方面原因:一是证据的缘故。民事诉讼实行新的举证责任形式,特别是审判方式改革后,对此要求更为严格,而在实践中,由于诸多缘故,当事 Litigation risk refers to the litigant activities that parties may encounter outside of some controversial facts, affecting the trial and enforcement of cases, resulting in the risk of its legitimate rights and interests can not be achieved. Litigation risk does not include the impact of the controversial fact itself, nor the legal awareness of the parties and the impact of unhealthy tendencies. Litigation risk as a new topic, its produce mainly for the following reasons: First, the evidence. Civil litigation in the form of a new burden of proof, especially after the reform of the trial, the more stringent requirements, but in practice, due to many reasons, the parties