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虚假诉讼在我国的民事案件审理中日渐频繁已经成为重灾区,采用调解方式结案是最常见的审理结果,诉讼双方当事人为了损害第三方的利益经常采取故意窜通、陷害的手段。诉讼当事人为某利益不择手段、被查出后法律惩罚力度低、法官一位追求高的调解率是造成虚假诉讼、恶意调解的主要因素。法官在案件审理中扮有主导因素,对此类问题应该有高的警戒心,应该自己分析案件的每个细节力争查清事实,这是预防此类事件的最主要手段,同时还应加强此类事件一经发生的补救措施,避免造成冤假错案。
False litigation has become the hardest hit by the increasingly frequent trials of civil cases in our country. It is the most common trial result that mediation is adopted. Both parties to the litigation often resort to intentional channeling and fraudulent attempts to harm the interests of third parties. Litigant unscrupulous for some interest, was found after the legal punishment is low, a judge seeking a high rate of mediation is the main cause of false litigation, malicious mediation. Judges should play a leading role in the hearing of cases and should be highly vigilant on such issues and should analyze every detail of the case and try to find out the facts. This is the most important means of preventing such incidents and should be strengthened A class of events occurred remedial measures to avoid causing unjustly false case.