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隐形诉讼是指在司法机关内部通行或者认可的但未向外界公布的办案规则与程序,它与法律层面上的正当诉讼共同构筑了中国诉讼活动中耐人寻味的景观。这种隐形程序产生了诸如滋生司法腐败、诱发司法不公、破坏司法权威、降低司法效率等一系列问题。我国司法实践中存在大量隐形诉讼现象,分析这些现象产生的原因并寻找其改革路径是司法改革的当务之急。
Stealth litigation refers to the rules and procedures of handling cases that are approved or approved within the judiciary but not disclosed to the public. Together with the due litigation on the legal level, invisible litigation constructs an intriguing landscape in litigation activities in China. Such invisible procedures have brought about a series of problems such as breaching the judicial corruption, inducing unfair justice, undermining judicial authority and lowering judicial efficiency. There is a large number of invisible lawsuits in judicial practice in our country. Analyzing the causes of these phenomena and finding the path of their reform is the top priority of judicial reform.