诉讼欺诈由来已久,但最近以来,呈愈演愈烈之势。诉讼欺诈行为性质认定及如何规制,目前我国立法上尚属空白,理论界亦争论不止。诉讼欺诈行为具备刑法意义上行为的有体性、有意性和有害性特征,侵害公私财产所有权,严重干扰正常司法审判活动,应当纳入刑法规制,根本出路在于在刑法中增设诉讼欺诈罪。 Litigation fraud has been around for a long time, but has been on the rise since lately. The nature of the lawsuit fraud and how to regulate, at present our country’s legislation is still blank, theorists also debate more than that. Litigation fraud has the characteristics of corporatism, intentionality and harmfulness in the sense of criminal law. It infringes the ownership of public and private property and seriously interferes with the normal judicial trial activities. It should be included in the regulation of criminal law. The fundamental way out is to add litigation fraud in criminal law.