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诉讼调解虽然具有程序简便,高效解决民事纠纷的程序价值,但因缺乏充分监督和制约的程序,易于被不诚信当事人用以牟取非法利益。诉讼调解中原、被告恶意串通损害案外人权利行为,实质上属诉讼欺诈侵权行为,既损害了案外人权益,也损害了司法权威。强化司法审判职权,完善诉讼调解程序监督机制,从程序法、实体法上对恶意调解串通行为进行法律规制。
Although litigation mediation has the procedural value of simple and efficient solution to civil disputes, it is easy to be used by illegitimate parties for illegal gains due to the lack of adequate supervision and restriction procedures. Mediation in the litigation The plaintiffs and the defendants maliciously colluding with each other to harm the rights of an outsider are essentially litigation and fraud infringement, which not only damages the rights and interests of the outsiders but also undermines the judicial authority. Strengthen the authority of judicial trial, improve the supervision mechanism of litigation mediation procedure, and carry out the legal regulation on the collusion of vicious mediation from procedural and substantive laws.