Study On Crime Of False Action

With the rapid development of our social economy, people’s legal consciousness is awakening, use legal weapon to maintain their legal rights and interests has become a common way of relief, protect people life and health and property safety and action of the last line of defense to play a huge role. However, in today’s increasingly sound legal system, there are a few molecules litigation as illegal means to seek illegal interests, have a lot of false lawsuit behavior, in 2015, for example sentence of the first case of false action in October, such cases not only hindered the litigation rights and interests of the other party or other legal organization implementation, also seriously hampering the further development of market economy in our country, what’s more serious trampled on the order of the judicature and the judicial authority of our country, a huge waste of judicial resources. This kind of behavior brought by the social harmfulness is self-evident, previously both theoretical circle of criminal law and judicial circles have no unified qualitative lawsuit against false behavior.This shows fully convincingly that false litigation act formally in the form of law in our country.According to domestic and foreign relevant provisions on the false litigation, crime of false action are analyzed, the main content of this article is divided into four parts:The first part: introduction, mainly analyzes the selected topic research background and the selected topic significance, the domestic and foreign research status about the false litigation, summarizes the main research contents and innovation points of this article.The second part: the crime of false action concept, starting from the historical origin of false litigation sin, to research the charges from the fraud crime of the western zhou dynasty to today’s crime have similar false litigation, from the analysis on false lawsuit behavior, in combination with three different views, think false litigation sin is behavior person by means of civil action, take the fictional legal facts, providing false evidence, false facts, let the court verdicts of favourable to seek illegal interests, obstruction of justice and order, infringes on the lawful rights.The third part: this part according to the basic crime constitute the four elements of criminal law said, think about the criminal object is complex object, including the normal order of justice in our country and the legitimate rights and interests of others; Crime objective aspect is behavior person to fabricate facts, to people court to lodge a civil action; General crime main body includes not only the main body, that is; Crime is directly intentionally subjective aspect only performance, basic behavior pattern of false action is emphasized, from the aspects of behavior person whether interesting collusion, subjective aspects such as content, field analysis of the crime of false action behavior type.The fourth part: the crime of false action judicial cognizance, first of all, this part discusses the false litigation crimes in different phases of criminal crime forms, mainly including crime preparation, suspension, attempted and accomplished; Secondly, a clear distinction between the boundaries of the crime and not a crime, false action is emphasized the difference between the crime and malicious litigation; Again, analyzes the common crime of false litigation and crime number question; In the final analysis the false litigation is the difference between crime and fraud, perjury, for the judicial workers in the judicial practice.The fifth part is the improvement of the crime of false litigation, this part from this crime litigation scope of accepting cases, the type of false litigation rules, property type false amount of criminal lawsuit behavior three aspects to improve, through the study of false litigation legislation abroad, first, the author proposed to the crime of false action in the case of litigation scope expanded to the administrative litigation and civil suit collateral to criminal proceedings, apply for the award of the arbitration and notarized documents; Second, the false litigation rules’ type, the author recommended the use of legislative technology of express listed the most commonly occurs in the judicial practice of the false typed litigation behavior regulation, in order to avoid omissions, suggestion add a false facts filed by any other means of false civil lawsuit as to clause out.Finally, I suggested that rules property when the amount of criminal offense of false action in the crime stipulated in the reference for other types of crime against property amount with the local people’s living standards and rules of property type amount of criminal offense of false action.