近年来,虚假诉讼案件多发,受民事证据规则所限,在民事诉讼中,由于实行的是“谁主张谁举证”的证据规则,导致一方当事人对涉嫌虚假诉讼的案件无法举证证明案件系虚假诉讼,只能接受败诉的法律后果。当事人申请监督时,检察机关调查取证也存在一定难度,如在民间借贷案件中,经常出现债务人出于对对方的信任、受哄骗等原因,发生已履行还款义务而未收回借条原件的情况,导致在诉讼中无法 In recent years, the number of false litigation cases is limited by the rules of civil evidence. In civil litigation, because of the evidence rules of “who advocates who evidences”, one party can not prove the case in the case of false litigation False litigation, can only accept the legal consequences of losing. When applying for supervision, the procuratorial organ may also find it difficult to investigate and collect evidence. For instance, in the case of private lending, the debtor often appears to have performed its repayment obligation without recovering the original of the loan because of the trust and deceit of the other party, Lead to lawsuit can not