房地产领域虚假诉讼研究

Research on False Litigation in Real Estate Field

摘要: 虚假诉讼早已有之，而如今呈现愈演愈烈之趋势，房地产领域更是成为常发之地。行为人通过虚构不存在的房产纠纷并提起诉讼，意图利用法院的审判程序来规避政策或者获取有利于己的利益。这种行为一方面损害其他人的合法利益，另一方面占用司法资源，扰乱司法秩序。当下有关房地产虚假诉讼的研究薄弱，文章在前人研究的基础上，剖析房地产虚假诉讼的原因，并提出对房地产虚假诉讼的预防与规范建议，以供司法实践借鉴。

Abstract: False lawsuit has existed for a long time, but now it is becoming more and more fierce, and the real estate field is becoming a common place. By fictionalizing the non-existent real estate dispute and filing a lawsuit, the actor intends to use the trial procedure of the court to evade the policy or obtain benefits in favor of himself. On the one hand, such behavior harms the legitimate interests of others, and on the other hand, occupies judicial resources and disturbs judicial order. At present, the research on real estate false litigation is weak. Based on previous studies, this paper analyzes the causes of real estate false litigation, and puts forward suggestions on prevention and regulation of real estate false litigation, so as to provide reference for judicial practice.