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近年来,随着经济关系的日益复杂化和公众法律意识的增强,民事诉讼已成为人们维护自身合法权益和解决纠纷的重要手段。但是披着合法外衣进行虚假诉讼,谋取不正当利益的行为也时有发生。其社会危害性,不言而喻。防范和规制此类违法行为,作为法律监督机关的检察机关自然责无旁贷、义不容辞。那么检察机关又该如何作为呢?本文试图从虚假诉讼防范和规制中检察职能作用问题的提出、理论探析和实证研究三个方面进行阐述,希望能对全国的虚假诉讼防治工作尤其是检察机关的防治工作有所裨益。
In recent years, with the increasingly complicated economic relations and the enhancement of public legal awareness, civil litigation has become an important means for people to safeguard their legitimate rights and settle disputes. However, there are occasions when fake litigation is carried out in a lawful cloak to seek improper benefits. Its social harm, it goes without saying. It is incumbent upon the procuratorial organs that guard against and regulate such illegal activities as the legal supervisory organs to go its lives. So how should procuratorial organs do as well? This article attempts to elaborate from three aspects of the function of prosecutorial function in the prevention and control of false litigation, hoping to prevent the false prosecution in the whole country, especially the procuratorial organs Prevention and treatment of some benefits.