民事诉讼当事人不诚信诉讼问题研究

发布时间：2019-07-08 20:07

【摘要】：诉讼作为一种解决纠纷的方式,是时代发展到一定阶段的必然产物,随着我国法治建设的不断完善和司法改革的深入推进,公民通过诉讼解决矛盾与纠纷的意识日益增强,体现出公民追求公平公正的价值诉求。但在利益等因素的驱动下,出现了利用诉讼这一合法途径获取不正当利益的不诚信诉讼,有些当事人甚至为了获得胜诉的裁判而不择手段滥用法律赋予的权利,这种行为扰乱了诉讼秩序的同时也是对他人合法权益的损害。近几年,对于当事人不诚信诉讼的问题,理论上的研究多见的是对虚假、恶意诉讼进行的论述,从对当事人不诚信诉讼的类型化研究还不充分,现有的讨论还散见于一些论文和调查报告当中,缺乏系统性的研究;同时现有理论成果对不诚信诉讼的表现形态也缺乏更进一步的挖掘;还存在将滥用程序性诉讼权利理解为诉讼技巧等错误认识。当事人不诚信诉讼问题不仅是诉讼法理论当中一个重要问题,在实践中也造成了很多令司法实务人员倍感头疼的操作性难题。需要特别说明的是,将诉讼过程中当事人过度使用甚至滥用诉讼权利的行为定性为不诚信诉讼并加以规制,不仅要考虑到法官作为居中裁判者的视角,同时还要考虑到当事人正当诉讼权利的行使,更要考虑到相关立法的本义,所以给当事人不诚信诉讼拟定一个明确的概念是很困难的,本文在阐述不诚信诉讼的内涵等一般性问题的基础上,查阅了相关文献,到司法实务部门做了大量调研,分析了司法实务中当事人不诚信诉讼的多见表现形态;分析了这些问题形成的社会层面、当事人道德层面、经济成本层面以及法律制度层面的原因;通过查阅国内国外的相关法律规定,分析了我国现行法律制度的缺陷;进而从程序层面、实体层面、辅助机制层面这三个维度着手,力求提出可以平衡各方利益的、具有可操作的针对性解决措施。
[Abstract]:Litigation, as a way to solve disputes, is the inevitable product of the development of the times to a certain stage. With the continuous improvement of the construction of the rule of law and the deepening of judicial reform in our country, citizens' awareness of resolving contradictions and disputes through litigation is increasing day by day, which reflects the value demand of citizens to pursue fairness and justice. However, driven by interests and other factors, there has been a dishonest lawsuit that uses litigation as a legitimate way to obtain improper interests. Some parties even abuse the rights conferred by law in order to obtain a successful decision. This kind of behavior not only disrupts the litigation order, but also damages the legitimate rights and interests of others. In recent years, for the problem of litigant dishonest litigation, the theoretical research is the discussion of false and malicious litigation, from the classification of the litigant dishonest litigation is not enough, the existing discussion is scattered in some papers and investigation reports, lack of systematic research, at the same time, the existing theoretical results are also lack of further mining of the manifestation of dishonest litigation. There are also misunderstandings that the abuse of procedural litigation rights is understood as litigation skills. The dishonest litigation of the parties is not only an important problem in the theory of procedural law, but also causes many operational problems that make judicial practitioners feel headache in practice. It should be made clear in particular that the excessive use or even abuse of litigation rights by the parties in the course of litigation should be characterized as dishonest litigation and regulated, taking into account not only the perspective of the judge as the central judge, but also the exercise of the legitimate litigation rights of the parties, but also the original meaning of the relevant legislation, so it is very difficult to formulate a clear concept for the dishonest litigation of the parties. On the basis of expounding the connotation of dishonest litigation, this paper consults the relevant literature, makes a lot of research to the judicial practice department, and analyzes the common manifestation of the litigants' dishonest litigation in judicial practice. This paper analyzes on the causes of the formation of these problems at the social level, the moral level, the economic cost level and the legal system level; analyzes the defects of the current legal system in our country by referring to the relevant legal provisions at home and abroad; and then starts from the procedural level, the entity level and the auxiliary mechanism level, and tries to put forward some operable targeted solutions that can balance the interests of all parties.
【学位授予单位】：宁夏大学
【学位级别】：硕士
【学位授予年份】：2017
【分类号】：D925.1

【参考文献】