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随着社会经济发展,在民事诉讼领域中虚假诉讼问题日益严重,严重损害了司法权威和司法秩序。虽然这一问题受到了司法机关和理论界的高度关注,也出台了很多相应的措施和制度予以防范。但是由于虚假诉讼自身所具有的特殊属性。致使虚假诉讼的监督发现面临很多的困难和障碍。近年来检察机关对虚假诉讼开展检察监督取得了一定的成果,有了一定的经验,但是仍然面临着很多棘手的问题和制度性困境。本文从虚假诉讼检察监督视角出发对其概念进行定义,并在分析当前虚假诉讼检察监督困境的基础上,提出完善民事虚假诉讼检察监督的一点浅见。
With the social and economic development, the problem of false litigation in the field of civil litigation is worsening day by day, seriously damaging judicial authority and judicial order. Although this issue has been highly concerned by the judiciary and theorists, many corresponding measures and systems have been promulgated to prevent it. However, due to the special nature of false litigation itself. As a result, the supervision of false litigation has faced many difficulties and obstacles. In recent years, procuratorial organs have made some achievements in procuratorial supervision of false litigation, with some experience, but they still face many difficult problems and institutional difficulties. This article defines the concept from the perspective of procuratorial supervision of false litigation, and based on the analysis of the predicament of procuratorial supervision of current false litigation, puts forward some humble opinions on how to perfect procuratorial supervision of civil lawsuit.