【摘要】 规制虚假诉讼实践中存在识别、认定、惩戒困扰。立案登记改革的实施、网上立案方式的逐步推广,在使诉权行使便利化的同时,也增加了虚假诉讼规制的压力。过度倚重职权惩戒的规制方式潜在地冲击约束性辩论原则的贯彻及民事诉讼合规律运行的轨迹。"承诺-惩戒"模式具有可积极预防虚假诉讼、易获得强惩戒的正当性、激发诉辩机制活力等预期优势,有助于虚假诉讼精准认定、惩戒得当、规制与民事诉讼运行规律冲突最小化。这种以当事人审慎诉讼承诺义务为基础的规制模式在虚假诉讼规制方式优化方面具有参考价值。更多还原

【Abstract】 In the practice of regulating collusive litigation, there are problems in identification, recognition and punishment. The implementation of registration reform and the gradual promotion of online registration mode not only facilitate the exercise of the right of action, but also increase the pressure of collusive litigation regulation. The excessive reliance on punishment through authority has a potential impact on the implementation of the principle of binding debate and the overall operation of the law of civil litigation. The mode of "commitment-punishment" can actively prevent collusive litigation; it is easy to obtain the legitimacy of strong punishment; it can stimulate the expected advantages of the litigation and defense mechanism, which helps to accurately identify the collusive litigation, properly punish, and minimize the conflict between the regulation and the operation rules of civil litigation. This kind of regulation mode based on the parties’ prudent litigation commitment obligation has reference value in the optimization of collusive litigation regulation.更多还原