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民事虚假诉讼属于特殊侵权行为,侵犯了他人的合法权益,妨害国家审判执行权以及社会公共管理秩序,危害甚大。对于民事虚假诉讼行为,立法上规定了罚款、罚金、拘留、甚至徒刑等公法领域的制裁,而对于民事虚假诉讼受害人因此所受损失或所失利益,并无统一法律法规予以保护,应赋予受害人提起侵权损害赔偿之权利,以填补损失,维护法律安定性与司法权威。损害赔偿之诉应处理好虚假诉讼认定前提要件,同时,为提高诉讼效率,应规定损害赔偿之诉与第三人撤销之诉或审判监督程序为合并审理,合并裁判,但分别生效。
Civilian lawsuit is a special infringement, infringes upon the legitimate rights and interests of others, hinders the execution of state judiciary and the order of public administration, which is very harmful. As for the civil false litigation, the legislation stipulates the sanctions in the field of public law, such as fines, fines, detention and even prison term. But there is no uniform laws and regulations to protect the losses or losses of the victims of the civil false litigation. The victim lodged the right to infringe the damages, so as to fill the losses and maintain the stability of the law and the judicial authority. At the same time, in order to improve the efficiency of litigation, the lawsuit should be provided that the action of damages and the action of third party revocation or judicial supervision should be merged and adjudicated, but they respectively take effect.