The Judicial Qualitative Analysis And Legislative Suggestion On The Fraud In Lawsuit

The judicial qualitative analysis and legislative suggestion on the fraud in lawsuitThe paper totals about twenty-seven thousand words and consist of five parts including Preface, Conception And Characters Of Fraud In Lawsuit, Theoretical Dispute And Judicial Practice On Fraud In Lawsuit, Author's Several Points Of View About Fraud In Lawsuit as well as Author's Legislative Suggestion On Crime Of Fraud In Lawsuit. In Preface, author briefly show present situation and harm of fraud in lawsuit. Fraud in lawsuit is a new type of fraud crime which appeared following the complication and diversification of social economic life as well as enhancement of public consciousness of law. Due to the Chinese criminal law makes no definite provisions for fraud in lawsuit, judicial practice appear considerably confused. As a result, this paper has theoretical value and practical significance.In Conception And Characters Of Fraud In Lawsuit, fraud in lawsuit is divided into broad sense and narrow sense. Fraud in lawsuit of narrow sense is defined as actions with purpuse of acquiring property or material benefit from other persons.The cause of fraud in lawsuit are omnifarious. Besides the natural shortcoming of civil legislation and compulsive power of judgement which could help actor realize his illegal purpose, lag of criminal legislation and lack of criminal adjustment on fraud in lawsuit indulge objectively development of such action.In the meantime, the practical behavior of fraud in lawsuit could be classified. According to different actor, it could be divided into multi-parties and single-party. According to different source of evident for civil lawsuit, it could be divided into evidents forged by actor, evidents written by victim forced under the intimidation of actor and evidents such as bill of debt of which obligation has been performed.The characters of fraud in lawsuit are summarized to four points. The first is special place and circumstance. The second is misled party inconsistent to victim. The third is voluntary and inderect delivery of property. The last is secret action and allround harm.In Theoretical Dispute And Judicial Practice On Fraud In Lawsuit, criminal provisions overseas and in Taiwan District are introduced and three principal points of view are enumerated, including innocent, crime of racket and crime of fraud. In addition, the judicial explaination of Supreme Prosecutor on actions of fraud in lawsuit as well as difference and confusion on tribunal practice on fraud in lawsuit.In Author's Several Points Of View About Fraud In Lawsuit, the question that whether fraud in lawsuit could be seen as crime is put forward and analyzed. Due to actions of fraud in lawsuit are severely harmful to society, which is the substantive character of crime, such actions ought to be evaluated negatively.Fraud in lawsuit is also analyzed from angle of essential negotti of crime. First, object of crime is complex object, including title to property and material benefit of other persons, and regular adjudicating activities of tribunal. Second, the objective behavior is that in process of civil lawsuit, actor make false statement or forge evidence, intent on misleading tribunal make false judgement and thus acquire property or material benefit from victim. Third, the subjective intent is to acquire deliberatly and illegally property or material benefit from other persons. Last, subject of crime is general subject. Hereby, fraud in lawsuit could be absolutely punished as crime of fraud in Criminal Code of PRC. In addition, fraud in lawsuit do not commit crime of racket due to different object of crime and different objective behavior. As for the point of view that fraud in lawsuit is absolutely innocent, there are three principal theoretical obstacles which are analyzed in detail. According to above analysis, a conclusion could be made that fraud in lawsuit is absolutely under the adjustment of present criminal law of PRC. On this basis, several questions involving crime amount, crime phase, multi-...