On Litigious Crime

Litigious crime is the"crime"in"litigation". It means the actions that the actors (litigation participator, judicial officer, case outsider) commit crimes by impeding litigious activities during litigious process.The theoretical value of research on litigious crime is to search for the completion of criminal law theory design on combinative point of crime; explore the security of litigious system design on visual point of procedure; and enhance theory directive ability of litigious crime research on point judicial practice. The practical value of this research is to promote the entirety, harmonization and unity of criminal law system on point of judicial practice and strengthen the regulative ability on litigious crime.The first chapter of this article establishes litigious crime's historical foundation from the law of Tang Dynasty of China. That is, historical analysis on litigious crime– model as"Tang Lv Shu Yi". The author provided accordant statute law materials from"Tang Lv Shu Yi": to research on balanceable regulation of litigious crime from aspect on guarded object of Tang Dynasty Law. The litigious crimes regulated in Tang Dynasty Law have eight characteristics: negligent litigation crime, swindled litigation crime, abuse litigation crime, concealed litigation crime, slandetrous litigation crime, exceeded litigation crime, abet litigation crime."Litigation"shows three models in Tang Law: litigation for determination– litigious events regulated by law must be litigated, otherwise it is negligent and shall be punished. Litigation for negation– Disputes on behaviors that are not crimes can not be...