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当前我国虚假民事诉讼案件频发,检察机关有必要介入规制,但存在监督范围、查处方法手段有限、监督存在滞后性等难点。建议从充分运用检察建议、导入侦查意识,试水监督前移等方面加强现有法律制度下的虚假民事诉讼规制;从明确对调解案件的抗诉权、完善执行监督权、确立引导侦查权等方面完善规制虚假民事诉讼立法。
At present, there are frequent cases of false civil litigation in our country. It is necessary for procuratorial organs to intervene in the regulation, but there are some difficulties such as the scope of supervision, the limited means of investigation and punishment and the lag of supervision. It is suggested to strengthen the system of false civil procedure under the current legal system in terms of making full use of procuratorial suggestions, introducing investigation consciousness and moving forward the trial of water supervision. From the point of clarifying the right of protest against mediation cases, perfecting the power of carrying out supervision and establishing the guiding power of investigation Improve the regulation of fake civil lawsuit legislation.